Connecticut Seal

General Assembly

 

Raised Bill No. 991

January Session, 2017

 

LCO No. 4350

 

*04350_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

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 Section 6-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) There is established a State Marshal Commission which shall consist of eight members appointed as follows: (1) The Chief Justice shall appoint one member who shall be a judge of the Superior Court; (2) the speaker of the House of Representatives, the president pro tempore of the Senate, the majority and minority leaders of the House of Representatives and the majority and minority leaders of the Senate shall each appoint one member; and (3) the Governor shall appoint one member who shall serve as chairperson. Of the seven members appointed pursuant to subdivisions (2) and (3) of this subsection, no more than four of such members may be members of any state bar. No member of the commission shall be a state marshal, except that two state marshals appointed by the State Marshals Advisory Board in accordance with section 6-38c shall serve as ex-officio, nonvoting members of the commission.

(b) The chairperson shall serve for a three-year term and all appointments of members to replace those whose terms expire shall be for terms of three years.

(c) If any vacancy occurs on the commission, the appointing authority 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 of this section.

(d) Members shall serve without compensation but shall be reimbursed for actual expenses incurred while engaged in the duties of the commission.

(e) The commission, in consultation with the State Marshals Advisory Board, shall adopt regulations in accordance with the provisions of chapter 54 to establish professional standards, including training requirements and minimum fees for execution and service of process.

(f) The commission shall be responsible for the equitable assignment of service of restraining orders to the state marshals in each county and shall adopt policies to ensure that such restraining orders are served expeditiously. Failure of any state marshal to accept for service any restraining order assigned by the commission or to serve such restraining order expeditiously without good cause shall be sufficient for the convening of a hearing for removal under subsection (i) of this section.

(g) Any vacancy in the position of state marshal in any county as provided in section 6-38 shall be filled by the commission with an applicant who shall be an elector in the county where such vacancy occurs. Any applicant for such vacancy shall be subject to the application and investigation requirements of the commission.

(h) Except as provided in section 6-38f, no person may be a state marshal and a state employee at the same time. This subsection does not apply to any person who was both a state employee and a deputy sheriff or special deputy sheriff on April 27, 2000.

(i) No state marshal may be removed except by order of the commission for cause after due notice and hearing.

(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] Timely, consistent and reliable access to a state marshal for persons applying for a restraining order under section 46b-15; (2) the [provision of] distribution of information to state marshals concerning services to (A) persons with limited English proficiency; [(3) the provision of services to] and (B) persons who are deaf or hearing impaired; and [(4)] (3) 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.

(k) The commission shall be within the Department of Administrative Services, provided the commission shall have independent decision-making authority.

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

(e) After receiving notification from the secretary that such land, improvement or interest may be treated as surplus, the Commissioner of Administrative Services shall offer to convey such land, improvement or interest to the municipality in which the land, improvement or interest is located, including, but not limited to, by selling, leasing, exchanging or entering into agreements concerning such land, improvement or interest, provided (1) prior to such conveyance, the municipality by vote of its legislative body accepts such conveyance, and (2) a resolution of such municipal action, verified by the clerk of the municipality, is delivered to the Commissioner of Administrative Services not more than [one hundred twenty] ninety days after receiving notice from the commissioner regarding the proposed conveyance. If the municipality fails to deliver such resolution to the commissioner within such [one-hundred-twenty-day] ninety-day period, the municipality shall be deemed to have declined the proposed conveyance, provided the commissioner may extend the [one-hundred-twenty-day] ninety-day period deadline by not more than an additional [sixty] thirty days. The municipality shall waive all rights to purchase the land, improvement, interest or part thereof if the municipality declines or is deemed to have declined the conveyance of such land, improvement, interest or part thereof.

(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, as defined in section 4-124i, 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 in which the land, improvement or interest is located and the members of the General Assembly representing such municipality, not less than two weeks before seeking the [approval of said secretary, board and committees,] 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 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.

(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 4b-22a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes, [to the contrary,] the Commissioner of Administrative Services may (1) grant easements with respect to land owned by the state to a public service company, as defined in section 16-1, the owner of a district heating and cooling system, or a municipal water or sewer authority, [in connection with a Department of Administrative Services project,] subject to the approval of the Secretary of the Office of Policy and Management, the agency having supervision of the care and control of such land and the State Properties Review Board, and (2) acquire easements with respect to land not owned by the state in connection with a Department of Administrative Services project, subject to the approval of the State Properties Review Board. No easement granted under subdivision (1) of this section shall be for the disposal or storage of radioactive or hazardous waste materials. The commissioner shall provide notice of any easement granted under said subdivision [(1)] to the chief executive official of the municipality, and the members of the General Assembly representing the municipality, in which the land is located.

Sec. 4. 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) 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. 5. 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] one hundred 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. 6. 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

Sec. 2

from passage

4b-21(e) to (h)

Sec. 3

from passage

4b-22a

Sec. 4

from passage

4a-67d

Sec. 5

October 1, 2017

4b-93(a)

Sec. 6

from passage

4a-60g(l)

Statement of Purpose:

To make revisions to a statute concerning the State Marshal Commission; change the deadline for municipalities to notify the Department of Administrative Services of their interest in purchasing surplus real property; permit the department to determine the best method of disposing of such property, including offering it to abutting landowners; expand the department's authority to grant easements; expand the existing exemption from certain emission, gas mileage and other standards for state fleet vehicles to include all emergency vehicles; modify the threshold for separate specifications for classes of work; and make other minor revisions.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]