Connecticut Seal

General Assembly

 

Raised Bill No. 1031

January Session, 2017

 

LCO No. 5387

 

*05387_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING THRESHOLDS FOR STATE CONSTRUCTION CONTRACTS, THE SHARING OF EXECUTIVE BRANCH AGENCY DATA AND THE REPEAL OF A PROVISION CONCERNING APPRAISAL FEES.

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

Section 1. Subsections (a) and (b) of section 4b-51 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Administrative Services shall have charge and supervision of the remodeling, alteration, repair or enlargement of any real asset, except any dam, flood or erosion control system, highway, bridge or any mass transit, marine or aviation transportation facility, a facility of the Connecticut Marketing Authority, an asset of the Department of Agriculture program established pursuant to section 26-237a, or any building under the supervision and control of the Joint Committee on Legislative Management, involving an expenditure in excess of [five hundred thousand] two million dollars, and except that [(1) the Judicial Branch may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than one million two hundred fifty thousand dollars, (2) each constituent unit of the state system of higher education may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than two million dollars, (3)] The University of Connecticut shall have charge and supervision of the remodeling, alteration, repair, construction, or enlargement of any project, as defined in subdivision (16) of section 10a-109c, notwithstanding the amount of the expenditure involved. [, and (4) the Military Department may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than two million dollars.] In any decision to remodel, alter, repair or enlarge any real asset, the commissioner shall consider the capability of the real asset to facilitate recycling programs.

(b) No officer, department, institution, board, commission or council of the state government, except the Commissioner of Administrative Services, the Commissioner of Transportation, the Connecticut Marketing Authority, the Department of Agriculture for purposes of the program established pursuant to section 26-237a, the Joint Committee on Legislative Management, [the Judicial Branch, a constituent unit of the state system of higher education or the Military Department] or The University of Connecticut as authorized in subsection (a) of this section, shall, unless otherwise specifically authorized by law, make or contract for the making of any alteration, repair or addition to any real asset involving an expenditure of more than [five hundred thousand] two million dollars.

Sec. 2. Subsections (a) and (b) of section 4b-52 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) No repairs, alterations or additions involving expense to the state of [five hundred thousand] two million dollars or less [or, in the case of repairs, alterations or additions to a building rented or occupied by the Judicial Branch, one million two hundred fifty thousand dollars or less or, in the case of repairs, alterations or additions to a building rented or occupied by a constituent unit of the state system of higher education, two million dollars or less,] shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government and no contract for any construction, repairs, alteration or addition shall be entered into without the prior approval of the Commissioner of Administrative Services, except repairs, alterations or additions to a building under the supervision and control of the Joint Committee on Legislative Management or the Military Department and repairs, alterations or additions to a building under the supervision of The University of Connecticut. Repairs, alterations or additions which are made pursuant to such approval of the Commissioner of Administrative Services shall conform to all guidelines and procedures established by the Department of Administrative Services for agency-administered projects. (2) Notwithstanding the provisions of subdivision (1) of this subsection, repairs, alterations or additions involving expense to the state of five hundred thousand dollars or less may be made to any state building or premises under the supervision of the Office of the Chief Court Administrator or a constituent unit of the state system of higher education, under the terms of section 4b-11, and any contract for any such construction, repairs or alteration may be entered into by the Office of the Chief Court Administrator or a constituent unit of the state system of higher education without the approval of the Commissioner of Administrative Services.

(b) Except as provided in this section, no repairs, alterations or additions involving an expense to the state of more than five hundred thousand dollars or, in the case of any repair, alteration or addition administered by the Department of Administrative Services, more than one million five hundred thousand dollars, shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government, nor shall any contract for any construction, repairs, alteration or addition be entered into, until the Commissioner of Administrative Services or, in the case of the construction of or repairs, alterations or additions to a building under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, said joint committee or, in the case of the construction of or repairs, alterations or additions to a building involving expenditures in excess of five hundred thousand dollars but not more than [one million two hundred fifty thousand] two million dollars under the supervision and control of the Judicial Branch, said Judicial Branch or, in the case of the construction of or repairs, alterations or additions to a building involving expenditures in excess of five hundred thousand dollars but not more than two million dollars under the supervision and control of one of the constituent units of higher education, such constituent unit, or, in the case of the construction of or repairs, alterations or additions to a building involving expenditures in excess of five hundred thousand dollars but not more than two million dollars under the supervision and control of the Military Department, said department, or in the case of the construction of or repairs, alterations or additions to a building involving expenditures in excess of five hundred thousand dollars but not more than two million dollars under the supervision and control of a state agency, as defined in section 1-79, such state agency, has invited bids thereon and awarded a contract thereon, in accordance with the provisions of sections 4b-91 to 4b-96, inclusive. The Commissioner of Administrative Services, with the approval of the authority having the supervision of state employees or the custody of inmates of state institutions, without the necessity of bids, may employ such employees or inmates and purchase or furnish the necessary materials for the construction, erection, alteration, repair or enlargement of any such state building or premises occupied by any state officer, department, institution, board, commission or council of the state government.

Sec. 3. Subdivision (1) of subsection (a) of section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) As used in this section, "prequalification classification" means the prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100, "public agency" has the same meaning as provided in section 1-200, "awarding authority" means the Department of Administrative Services, except "awarding authority" means (A) the Joint Committee on Legislative Management, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of the joint committee, (B) a constituent unit of the state system of higher education, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of such constituent unit, [or] (C) the Military Department, in the case of a contract for the construction of or work on a building or other public work under the supervision and control of said department, or (D) a state agency, as defined in section 1-79, in the case of a contract for the construction of or work on a building under the supervision and control of such agency and "community court project", "downtown Hartford higher education center project", "correctional facility project", "juvenile detention center project" and "priority higher education facility project" have the same meanings as provided in section 4b-55.

Sec. 4. (NEW) (Effective from passage) As used in this section and section 5 of this act:

(1) "Data" means final versions of statistical or factual information that: (A) Is reflected in a list, table, graph, chart or other nonnarrative form, that can be digitally transmitted or processed; (B) is regularly created and maintained by or on behalf of an executive branch agency; and (C) records a measurement, transaction or determination related to the mission of the agency or is provided to the agency by third parties pursuant to law.

(2) "Data set" means a named collection of related records on a storage device, with the collection-containing data organized or formatted in a specific or prescribed way, such as tabular form, and accessed by a specific method that is based on the data set organization.

(3) "Executive branch agency" includes any agency listed in section 4-38c of the general statutes, except the Board of Regents for Higher Education.

(4) "High value data" means any data that (A) is critical to the operation of an executive branch agency; (B) can increase executive branch agency accountability and responsiveness; (C) can improve public knowledge of the executive branch agency and its operations; (D) can further the core mission of the executive branch agency; (E) can create economic opportunity; (F) is frequently requested by the public; or (G) responds to a need and demand as identified by the agency through public consultation.

(5) "Open data" means any data that (A) is freely available in convenient and modifiable format and can be retrieved, downloaded, indexed and searched; (B) is formatted in a manner that allows for automated machine processing; (C) does not have restrictions governing use; (D) is published in primary forms, with the finest possible level of detail that is practicable and permitted by law; and (E) is described in enough detail so that consumers of the data have sufficient information to understand the strengths, weaknesses, analytical limitations and security requirements, and how to process such data.

(6) "Public data" means any data that is collected by an executive branch agency that is permitted to be made available to the public, consistent with any and all applicable laws, rules, regulations, ordinances, resolutions, policies or other restrictions, requirements or rights associated with the data, including, but not limited to, contractual or other legal orders, restrictions or requirements; and

(7) "Protected data" means any data the public disclosure of which would (A) violate federal or state laws or regulations; (B) endanger the public health, safety or welfare; (C) hinder the operation of government, including criminal and civil investigations; or (D) impose an undue financial, operational or administrative burden on the executive branch agency.

Sec. 5. (NEW) (Effective from passage) (a) The Office of Policy and Management shall be responsible for (1) directing executive branch agencies in the use and management of data to enhance the efficiency and effectiveness of state programs and policies, and (2) facilitating the sharing and use of executive branch agency data (A) between executive branch agencies, and (B) with the public.

(b) The Office of Policy and Management shall operate and maintain an online repository for the publication of open data by executive branch agencies.

(c) On or before December 31, 2017, and not less than annually thereafter, each executive branch agency shall conduct an inventory of any high value data that is collected or possessed by the agency. Such inventory shall be in a form prescribed by the Office of Policy and Management. In conducting such inventory, data shall be presumed to be public data unless otherwise classified by federal or state law or regulation. On or before December 31, 2017, and not less than annually thereafter, each executive branch agency shall submit such inventory to the Office of Policy and Management.

(d) Each executive branch agency shall develop an open data access plan. Such plan shall be in a form prescribed by the Office of Policy and Management and shall detail the agency's plan to publish, as open data, any public data that the agency has identified and any protected data that can be made public through aggregation, de-identification or other means sufficient to satisfy applicable state or federal law or regulation.

(e) Each executive branch agency shall designate an employee of the agency as the agency data officer who shall be responsible for implementing the provisions of this section and serve as the individual to whom persons may direct inquiries, requests or concerns regarding access to data. The agency data officer shall establish procedures to ensure that requests for data are received and complied with in an appropriate and prompt manner.

(f) Any state agency that is not an executive branch agency may voluntarily opt to comply with the provisions of this section and, upon submission of written notice of the agency's decision to the Office of Policy and Management, the provisions of this section shall apply to such agency. The Office of Policy and Management shall create and maintain a list of all agencies subject to the provisions of this section, including those that have voluntarily opted to comply, and shall publish such list on the office's Internet web site.

Sec. 6. Section 4-67b of the general statutes is repealed. (Effective from passage)

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

Section 1

from passage

4b-51(a) and (b)

Sec. 2

from passage

4b-52(a) and (b)

Sec. 3

from passage

4b-91(a)(1)

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Sec. 6

from passage

Repealer section

Statement of Purpose:

To increase the threshold for construction contracts requiring the approval of the Department of Administrative Services from five hundred thousand to two million dollars, to increase access to date by executive branch agencies by codifying the provisions of Executive Order 39 and to repeal a requirement that the Office of Policy and Management establish an appraisal fee schedule.

[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.]