Substitute House Bill No. 6785
Substitute House Bill No. 6785
PUBLIC ACT NO. 95-230
AN ACT TO ENHANCE THE INFRASTRUCTURE OF THE
UNIVERSITY OF CONNECTICUT.
Section 1. (NEW) This act is known and may be
cited as "The University of Connecticut 2000 Act".
Sec. 2. (NEW) The purpose of The University
of Connecticut 2000 Act is to promote the welfare
and prosperity of the people of the state and the
continuation and improvement of their educational
opportunities by approving a special capital
improvement program for The University of
Connecticut and enabling The University of
Connecticut to borrow money and enter into
financing transactions in its own name, on behalf
of the state, to expand the authority of The
University of Connecticut to construct projects
and to assure a state commitment to support the
financing of the acquisition, construction,
reconstruction, improvement and equipping of
facilities, structures and related systems for the
benefit of the educational and economic
development needs of the state and The University
of Connecticut, all to the public benefit and
good, and the exercise of the powers, to the
extent and manner provided in The University of
Connecticut 2000 Act, is declared to be for a
public purpose and to be the exercise of an
essential governmental function.
Sec. 3. (NEW) As used in sections 1 to 25,
inclusive, of this act, unless the context
otherwise indicates, the following terms have the
following meanings:
(1) "Act" means The University of Connecticut
2000 Act.
(2) "Assured revenues" means revenues other
than project revenues, to be received from fees,
tuition, rentals, charges, gifts, investments,
endowments and from grants, subsidies, contracts,
leases or other agreements made by or with the
federal government, the state or any political
subdivision, agency or instrumentality of the
federal government or the state, or others,
including the state debt service commitment, the
minimum state operating provision and special
eligible gifts.
(3) "Board of trustees" means the board of
trustees of The University of Connecticut.
(4) "Cost", as applied to a project or any
portion of the project, includes, but is not
limited to: The purchase price or acquisition cost
of any such project; the cost of planning,
designing, constructing, building, alteration,
enlargement, reconstruction, renovation,
improvement, equipping and remodeling; the cost of
all labor, materials, building systems, machinery
and equipment; the cost of all lands, structures,
real or personal property, rights, easements and
franchises acquired; the cost of all utility
extensions, access roads, site development,
financing charges, premiums for insurance,
interest prior to and during construction and for
six months thereafter; the cost of working capital
related to the project; the cost of plans and
specifications, surveys and estimates of cost and
of revenues; the cost of accountants, audits,
engineering, feasibility studies, legal and other
professional consulting or technical services; the
cost of reserves for payment of future debt
service related to the financing transaction
proceedings and for future repairs, renewals,
replacements, additions and improvements; the cost
of all other expenses necessary or incident to
determining the feasibility or practicability of
such construction; and administrative and
operating expenses and such other expenses as may
be necessary or incident to the financing
authorized.
(5) "Endowment fund" means the fund described
in subsection (b) of section 9 of this act.
(6) "Endowment fund eligible gift" means a
gift to the university of cash or assets which may
be reduced to cash or which has a value that is
ascertainable by the university which the donor
has specifically designated for deposit in the
endowment fund or which explicitly or implicitly
by the terms thereof the university may and does
deposit therein.
(7) "Endowment fund state grant" means moneys
appropriated or financed by the state for deposit
into the endowment fund pursuant to subdivision
(2) of subsection (b) of section 9 of this act in
an aggregate amount not exceeding twenty million
dollars, and in the amount or amounts at the time
or times set forth in said section 9.
(8) "Finance committee" means the budget and
finance committee of the board of trustees.
(9) "Financing documents" means any
securities, loan agreements, credit agreements,
financing leases, lease-purchase agreements, trust
agreements, indentures, resolutions, security
agreements, pledge agreements or other contracts,
agreements or documents executed and delivered by
the university in connection with a financing
transaction proceeding.
(10) "Financing transaction proceedings"
means the proceedings of the university
authorizing the issuance of securities under this
act, the provisions of any indenture of trust or
resolution securing securities, which provisions
are incorporated into such proceedings, the
provisions of any financing or other documents or
agreements which are incorporated into such
proceedings, and a certificate of determination
executed and filed by the treasurer in accordance
with subsection (e) or (f) of section 7 of this
act.
(11) "Governor" means the governor of the
state.
(12) "Holder" or "owner" when used with
reference to securities means any person or party
who is the registered owner of any outstanding
security.
(13) "State debt service commitment" means,
with respect to securities issued as general
obligations of the university pursuant to
subsection (c) of section 7 of this act for UConn
2000 in a principal amount not exceeding nine
hundred eighty million dollars, an annual amount,
commencing in the state fiscal year ending June
30, 1996, and any fiscal year thereafter for any
special debt service requirements when due and
payable.
(14) "Minimum state operating provision"
means the commitment of the state to appropriate,
annually, an amount for the university for
operations after receiving a request from the
university therefor and consideration of other
amounts available to the university for its
operations which amount so appropriated shall be
consistent with the university continuing to
operate in furtherance and pursuant to the
provisions of section 2 of article eighth of the
constitution of the state and applicable law as an
institution dedicated to the excellence in higher
education, including the operation of the
components of UConn 2000 at Storrs and elsewhere
in the state pursuant to section 5 of this act;
provided, however, nothing in sections 1 to 25,
inclusive, of this act shall be construed to
preclude the state from appropriating a lower or
higher amount than the amount appropriated in the
previous fiscal year so long as the appropriation
act provides and determines that the university
can continue to operate as an institution
dedicated to excellence in higher education and
such amount so appropriated shall then constitute
the minimum state operating provision.
(15) "Project" means any structure designed
for use as a dormitory or other housing facility,
dining facility, student union, academic building,
administrative facility, library, classroom
building, research facility, faculty facility,
office facility, athletic facility, health care
facility, laboratory, maintenance, storage or
utility facility or other building or structure
essential, necessary or useful for instruction in
a program of education provided by the university;
or any multipurpose structure designed to combine
two or more of the functions performed by the
types of structures enumerated in this subsection,
including, without limitation, improvements,
reconstruction, replacements, additions and
equipment acquired in connection with a project or
in connection with operation of any facilities of
the university existing on the effective date of
this act. "Project" includes all real and personal
property, lands, improvements, driveways, roads,
approaches, pedestrian access roads, parking lots,
parking facilities, rights-of-way, utilities,
easements and other interests in land, machinery
and equipment, and all appurtenances and
facilities either on, above or under the ground
that are used or usable in connection with any of
the structures mentioned in this subsection.
"Project" also includes landscaping, site
preparation, furniture, machinery, equipment and
other similar items necessary or convenient for
the operation of a particular facility or
structure in the manner for which its use is
intended, but does not include items that are
customarily under applicable accounting principles
considered as a current operating charge, unless
the category and maximum amount thereof is
specifically included by a determination of the
board of trustees in the financing transaction
proceedings and by percentage or otherwise as may
be limited pursuant to such proceedings in order
to preserve the excludability of the interest on
the securities issued therefor from federal
taxation under the applicable provisions of the
Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States as from time to time amended.
(16) "Project revenues" means revenues
received from projects existing on the effective
date of this act, from projects under construction
or from projects the acquisition, construction or
accomplishment of which the university has entered
into a binding commitment, anticipated by the
board of trustees to produce annual revenues in an
amount not less than the anticipated annual cost
of operation, maintenance and repair of such
project, and annual debt service payments on any
financing transaction proceedings for the project
during the term of any such proceedings effected
under this act for the project, as determined by
the board of trustees.
(17) "Securities" means any bonds, notes or
other evidences of indebtedness or borrowing of
the university issued pursuant to sections 1 to
25, inclusive, of this act.
(18) "Special debt service requirements"
means, for any period, and with respect to
securities, subject to the financing transaction
proceedings authorizing the issuance of the
securities, the sum of (A) the principal on serial
bonds or sinking fund instalment on term bonds and
interest accruing and coming due during such
period, (B) the amounts, if any, required, with
respect to interest rate fluctuations on variable
rate debt, or with respect to securities not
secured by the state debt service commitment
during such period to establish or maintain
reserves, sinking funds or other funds or accounts
at the respective levels required to be
established or maintained therein in accordance
with the proceedings authorizing the issuance of
securities, (C) annual expenses of issuance and
administration with respect to securities, (D) the
amounts, if any, becoming due and payable under a
reimbursement agreement or similar agreement
entered into pursuant to authority granted under
the proceedings authorizing the issuance of
securities, (E) net amounts owing under interest
rate agreements authorized and effective under
section 10 of this act, (F) arbitrage rebate
requirements pursuant to subsection (b) of section
17 of this act on securities secured by the state
debt service commitment and (G) any other annual
costs or expenses necessary or proper to be paid
in connection with the securities, including,
without limitation, the annual cost of any credit
facility, including but not limited to a letter of
credit or policy of bond insurance, issued by a
financial institution pursuant to an agreement
approved in the financing transaction proceedings.
(19) "Special eligible gift" means a gift to
the university of cash or assets which may be
reduced to cash by the university which the donor
has specifically designated as a donation for use
by the university in furtherance of UConn 2000 or
which explicitly or implicitly by the terms
thereof the university may use for UConn 2000 and
which the university determines to so use therefor
pursuant to subsection (a) of section 9 of this
act.
(20) "Special external gift fund" means the
fund established pursuant to subsection (a) of
section 9 of this act.
(21) "State" means the state of Connecticut.
(22) "State Bond Commission" means the
commission established and existing pursuant to
subsection (c) of section 3-20 of the general
statutes, as the same may from time to time be
amended, or any successor to such commission.
(23) "Treasurer" means the treasurer of the
state or his deputy appointed pursuant to section
3-12 of the general statutes.
(24) "UConn 2000 infrastructure improvement
program" or "UConn 2000" means the projects
identified or referenced in section 5 of this act,
as same may be modified from time to time in
accordance with said section 5 and, in bundle,
constitutes the special capital improvement
program proposed by the university, approved by
the state and identified in said section 5 as
necessary at this time to modernize, rehabilitate,
renew, expand and otherwise stabilize the physical
plant of the university so as to provide the
Connecticut community with confidence that a
concentrated, accelerated and cooperative effort
is being made for the benefit of the educational
and economic development needs of the state and
university and in an efficient, cost effective and
timely manner and to assure that the university
can continue to properly and proudly compete
successfully for students, faculty, staff and
external grant support.
(25) "University" means The University of
Connecticut, a constituent unit of the state
system of public higher education, including The
University of Connecticut Health Center.
Sec. 4. (NEW) (a) In order for the university
to construct and issue securities for UConn 2000
and to otherwise carry out its responsibilities
and requirements under sections 1 to 25,
inclusive, of this act, the university shall have
the following powers, which powers shall be
independent of and in addition to any other powers
of the university under state law:
(1) To have perpetual succession as a body
politic and corporate and an instrumentality and
agency of the state pursuant to section 22 of this
act;
(2) To adopt and have an official seal and
alter it at pleasure;
(3) To contract and be contracted with, sue,
be indemnified, insure its assets, activities or
actions or be a self insurer and institute,
prosecute, maintain and defend any action or
proceeding in any court or before any agency or
tribunal of competent jurisdiction;
(4) To indemnify and be sued, solely pursuant
to subsection (a) of section 15 of this act;
(5) To retain by contract or employ
architects, accountants, engineers, legal and
securities counsel in accordance with the
provisions of subparagraph (F) of subdivision (4)
of subsection (e) of section 14 of this act, and
other professional and technical consultants and
advisors; provided the university shall continue
to be subject to audit, including its operations
under sections 1 to 25, inclusive, of this act,
pursuant to section 2-90 of the general statutes,
and provided further, financial advisors,
underwriters, counsel, trustee, if any, and other
financial consultants retained in connection with
the offering and sale of securities shall be
selected in consultation with the university, in
the same manner as for state general obligation
bonds;
(6) To plan, design, acquire, construct,
build, enlarge, alter, reconstruct, renovate,
improve, equip, own, operate, maintain, dispose of
and demolish any project or projects, or any
combination of projects, including without
limitation any contract in furtherance of UConn
2000, notwithstanding the provisions of sections
10a-9 and subsections (b) and (c) of 10a-105 of
the general statutes or any other provisions of
the general statutes regarding the powers of the
university to undertake capital projects and
purchase personal property;
(7) To acquire by purchase, contract, lease,
long-term lease or gift, and hold or dispose of,
real or personal property or rights or interests
in any such property and to hold, sell, assign,
lease, rent, encumber, other than by mortgage, or
otherwise dispose of any real or personal
property, or any interest therein, owned by the
university or in its control, custody or
possession in accordance with section 14 of this
act;
(8) To receive and accept grants, subsidies
or loans of money from the federal government or a
federal agency or instrumentality, the state or
others, upon such terms and conditions as may be
imposed, and to pledge the proceeds of grants,
subsidies or loans of money received or to be
received from the federal government or any
federal agency or instrumentality, the state or
others, pursuant to agreements entered into
between the university and the federal government
or any federal agency or instrumentality, the
state or others, provided (A) such property shall
be deemed property of the state for purposes of
sections 4a-19 and 4a-20 of the general statutes
and (B) the university may insure its property
independent of the state;
(9) Notwithstanding the provisions of section
10a-150 of the general statutes, to receive and
accept aid or contributions, from any source, of
money, property, labor or other things of value,
to be held, used and applied to carry out the
purposes of this act subject to the conditions
upon which such aid or contributions may be made,
including, but not limited to, gifts or grants
from any department or agency of the United States
or the state for any purpose consistent with this
act; provided however, the university shall
disclose gifts from foreign sources as provided by
sections 10a-150a to 10a-150d, inclusive, of the
general statutes;
(10) To borrow money and issue securities to
finance the acquisition, construction,
reconstruction, improvement or equipping of any
one project, or more than one, or any combination
of projects, or to refund securities issued after
the effective date of this act, or to refund any
such refunding securities or for any one, or more
than one, or all of those purposes, or any
combination of those purposes, and to provide for
the security and payment of those securities and
for the rights of the holders of them, except that
the amount of any such borrowing, the special debt
service requirements for which are secured by the
state debt service commitment, exclusive of the
amount of borrowing to refund securities, or to
fund issuance costs or necessary reserves, may not
exceed the aggregate principal amount of (A) nine
hundred eighty million dollars and (B) such
additional amount or amounts: (i) Required from
time to time to fund any special capital reserve
fund or other debt service reserve fund in
accordance with the financing transaction
proceedings, and (ii) to pay or provide for the
costs of issuance and capitalized interest, if
any; the aggregate amounts of subparagraphs (A)
and (B) of this subdivision are established as the
authorized funding amount, and no borrowing within
the authorized funding amount for a project or
projects may be effected unless the project or
projects are included in accordance with
subsection (a) of section 5 of this act;
(11) To make, enter into, execute, deliver
and amend any and all contracts, agreements,
leases, instruments and documents and perform all
acts and do all things necessary or convenient to
plan, design, acquire, construct, build, enlarge,
alter, reconstruct, renovate, improve, equip,
finance, maintain and operate projects and to
carry out the powers granted by sections 1 to 25,
inclusive, of this act, or reasonably implied from
those powers;
(12) Notwithstanding any provision of the
general statutes to the contrary, including
without limitation subsection (a) of section
10a-105 of the general statutes, to fix and
collect fees, tuition, charges, rentals and other
charges for enrolment and attendance at the
university and for the use of projects or any part
thereof; to provide for the promulgation of such
reasonable and proper policies and procedures as
may be necessary to assure the maximum use of the
facilities of any projects at all times; and
(13) Notwithstanding the provisions of
subsection (b) of section 10a-105 of the general
statutes, to provide for or confirm the
establishment of various funds and accounts
respecting university operations, bond proceeds
and special debt service requirements for
securities issued, renewal and replacement and
insurance, special capital reserve and operating
reserve, special external gifts, pending receipts,
assured revenues, project revenues to the extent
not otherwise pledged and securing outstanding
general obligation bonds of the state or other
revenues and other funds or accounts as may be
more particularly required under this subdivision
and the indentures of trust or resolutions
authorizing securities and to provide, subject to
section 17 of this act and the provisions of such
indentures or resolutions for the following to be
deposited therein, as follows:
(A) All proceeds received from the sale of
all securities;
(B) All fees, tuition, rentals and other
charges from students, faculty, staff members and
others using or being served by, or having the
right to use or the right to be served by the
university or any project;
(C) All fees for student activities, student
services and all other fees, tuition and charges
collected from students matriculated, registered
or otherwise enrolled at and attending the
university, pledged under the terms of financing
transaction proceedings;
(D) All rentals from any facility or building
leased to the federal government or any other
third party;
(E) Federal and state grants, gifts, state
appropriations and special external gift funds;
(F) All other assured revenues; and
(G) Project revenues.
(b) Any and all powers granted to the
university in subdivision (a) of this section may
be exercised by majority vote of the board of
trustees which, except as specifically required
under sections 5 and 6 of this act, by majority
vote of the board of trustees, subject to
retaining overall control, responsibility and
supervision, may be delegated to the finance
committee or any officer, official or trustee of
the finance committee or other authorized officer
or employee of the university.
Sec. 5. (NEW) (a) The university may
administer, manage, schedule, finance, further
design and construct UConn 2000, to operate and
maintain the components thereof in a prudent and
economical manner and to reserve for and make
renewals and replacements thereof when
appropriate, it being hereby determined and found
to be in the best interest of the state and the
university to provide this independent authority
to the university along with providing assured
revenues therefor as the efficient and cost
effective course to achieve the objective of
avoiding further decline in the physical
infrastructure of the university and to renew,
modernize, enhance and maintain such
infrastructure, the particular project or
projects, each being hereby approved as a project
of UConn 2000, and the presently estimated cost
thereof being as follows:
UConn 2000 Project Phase I Phase II
Fiscal Years Fiscal Years
1996-1999 2000-2005
Agricultural
Biotechnology
Facility 9,400,000
Agriculture
Biotechnology
Facility
Completion 10,000,000
Alumni Quadrant
Renovations 14,338,000
Avery Point
Marine Science
Research Center
- Phase I 34,000,000
Avery Point
Marine Science
Research Center
- Phase II 16,682,000
Avery Point
Renovation 5,600,000
Babbidge Library 0
Balancing Contingency 5,506,834
Beach Hall
Renovations 994,000
Beach Hall
Renovation
Completion 7,758,000
Benton State
Art Museum
Addition 3,665,000
Benton State
Art Museum
Completion 1,400,000
Budds Building
Renovation 2,805,000
Business School
Renovation 48,030,000
Chemistry Building 53,700,000
Deferred Maintenance
& Renovation
Lump Sum 39,332,000
Deferred Maintenance
& Renovation
Lump Sum
Balance 104,668,000
East Campus
North
Renovations 11,820,000
Equine Center 1,000,000
Equipment, Library
Collections &
Telecommunications 60,500,000
Equipment, Library
Collections &
Telecommunications
Completion 182,118,146
Gant Plaza Deck 0
Gentry Renovation 9,299,000
Grad Dorm Renovations 7,548,000
Gulley Hall
Renovation 1,416,000
Hartford Relocation
Acquisition/
Renovation 56,762,020
Hartford Relocation
Design 1,500,000
Hartford Relocation
Feasibility Study 500,000
Heating Plant
Upgrade 10,000,000
Hilltop Dormitory
New 30,000,000
Hilltop Dormitory
Renovations 3,141,000
Ice Rink Enclosure 2,616,000
International House
Conversion 800,000
Litchfield
Agricultural
Center - Phase I 1,000,000
Litchfield
Agricultural
Center - Phase II 700,000
Manchester & DRM
Hall Renovation 7,472,000
Mansfield Apartments
Renovation 2,612,000
Mansfield Training
School
Improvements 27,614,000
Monteith Renovation 8,234,000
North Campus
Renovation 2,654,000
North Campus
Renovation
Completion 21,049,000
North Superblock
Site &
Utilities 8,000,000
Northwest
Quadrant
Renovation 2,001,000
Northwest
Quadrant
Renovation 15,874,000
Parking Garage
- North 10,000,000
Parking Garage
- South 15,000,000
Pedestrian
Spinepath 2,556,000
Pedestrian
Walkways 3,233,000
Roadways 10,000,000
School of Business 20,000,000
School of Pharmacy 3,856,000
School of Pharmacy
Completion 37,594,000
Shippee/Buckley
Renovations 6,156,000
Social Science
K Building 20,964,000
South Campus
Complex 13,127,000
Stamford Downtown
Relocation -
Phase I 41,000,000
Stamford Downtown
Relocation -
Phase II 17,392,000
Student Union
Addition 23,000,000
Technology
Quadrant -
Phase IA 38,000,000
Technology
Quadrant -
Phase IB 16,611,000
Technology
Quadrant -
Phase II 72,000,000
Technology
Quadrant -
Phase III 15,000,000
Torrey Life
Science
Renovation 17,000,000
Towers
Renovation 17,794,000
Undergraduate
Education
Center 650,000
Undergraduate
Education
Center 7,450,000
Underground Steam
& Water Upgrade 3,500,000
Underground Steam
& Water Upgrade
Completion 9,000,000
University Programs
Building -
Phase I 8,750,000
University Programs
Building -
Phase II
Visitors Center 300,000
Waring Building
Conversion 7,888,000
Waterbury
Property
Purchase 325,000
West Campus
Renovations 14,897,000
White Building
Renovation 2,430,000
Wilbur Cross
Building
Renovation 3,645,000
TOTAL 382,000,000 868,000,000
(b) The plan of funding UConn 2000 shall be
the proceeds of general obligation bonds of the
state in an amount authorized before the effective
date of this act and the proceeds of securities
subject to the authorized funding amount
established in subdivision (10) of subsection (a)
of section 4 of this act and the proceeds of the
special external gift fund becoming available to
the university pursuant to section 9 of this act.
(c) The amount of the state debt service
commitment in each fiscal year shall be pledged by
the university for the punctual payment of special
debt service requirements as the same arise and
shall become due and payable. As part of the
contract of the state with the holders of the
securities secured by the state debt service
commitment and pursuant to section 21 of this act,
appropriation of all amounts of the state debt
service commitment is hereby made out of the
resources of the general fund and the treasurer
shall pay such amount in each fiscal year, to the
paying agent on the securities secured by the
state debt service commitment or otherwise as the
treasurer shall provide. The university shall be
entitled to rely on the amount of the state debt
service commitment and minimum state operating
provision as and for assured revenues in any
financing transaction proceeding, provided, to the
extent any such proceeding includes reliance on
such state debt service commitment and such
minimum state operating provision, the university
commits to a rate covenant and covenants, in
substance, with the state and the holders of its
securities to the effect that so long as any
securities thereunder are outstanding that it has
established and will charge, collect and increase,
from time to time, and in time tuition fees and
charges for its educational services, its
auxiliary enterprises, including dormitory
housing, food services and sale of textbooks and
use of the physical university plant and for all
other services and goods provided by the
university, the amount of which, together with
other assured revenues or other revenues otherwise
available to the university including proceeds
available from the special external gift fund
shall in each of its fiscal years be sufficient to
pay when due, the special debt service
requirements on outstanding securities and to
permit the university to operate and maintain
itself as an institution dedicated to excellence
in higher education and to operate and maintain
the physical university plant in sound operating
condition and to otherwise permit the performance
of all covenants included in the financing
documents.
(d) With respect to UConn 2000 and within the
authorized funding amount the university may, from
time to time, and shall whenever appropriate or
necessary, revise, delete and add a particular
project or projects, provided (1) a formal
approving vote of its board of trustees shall be
needed for a material revision, deletion or
addition dictated by a change in university
planning as determined by its board of trustees or
otherwise necessary because of reasons beyond the
control of the university, (2) any material
revision shall be subject only to such formal
approval of the board of trustees so long as the
board finds and determines that such revision is
consistent with the intent or purpose of the
original project, (3) a material addition or
deletion shall be conditioned not only upon such
formal approval of the board of trustees but also
upon a request by the board of trustees for, and
enactment of, a subsequent public or special act
approving such addition or deletion, if such
addition is to add a project not outlined in
subsection (a) of this section or the deletion is
the deletion of a project outlined in subsection
(a) of this section and (4) no revision, addition
or deletion shall reduce the amount of any state
debt service commitment. Further, with respect to
UConn 2000 and subject to the limitations in the
authorized funding amount, the university may
determine the sequencing and timing of such
project or projects, revise estimates of cost and
reallocate from any amounts estimated in
subdivision (a) of this section, for one or more
projects to one or more other projects then
constituting a component of UConn 2000 so long as,
at the time of such reallocation, it has found
that any such project to which a reallocation is
made has been revised or added in accordance with
this section and such project from which a
reallocation is made either has been so revised or
added and can be completed within the amounts
remaining allocated to it, or has been so deleted.
University actions under this section shall be
included in reports to the general assembly under
section 25 of this act.
Sec. 6. (NEW) (a) The university may, when
directed by vote of its board of trustees and
subject to the limitations in the authorized
funding amount, borrow money and enter into
financing transactions proceedings in anticipation
of assured revenues or project revenues in the
name of the university, on behalf of the state,
and issue securities in connection with such
proceedings, as follows: (1) To finance the cost
of UConn 2000 or any one project thereof, or more
than one, or any combination of projects thereof;
(2) to finance any temporary cash flow deficit or
temporary operating deficit that the board of
trustees anticipate will be fully paid with the
proceeds of assured revenues or the proceeds of
securities dedicated to that purpose; (3) to
refund securities issued pursuant to this act; or
(4) to refund any such refunding borrowings. All
securities issued in connection with assured
revenues or project revenues financing transaction
proceedings entered into pursuant to this section
shall be authorized by a resolution approved by
not less than a majority vote of its board of
trustees.
(b) The board of trustees shall submit each
resolution for the issuance of securities approved
pursuant to subsection (a) of this section, to the
governor accompanied by a summary report of the
estimated total completion costs of projects that
will not be completed within the issuance which is
the subject of the resolution. The governor may,
not later than thirty days after such submission,
disapprove such resolution by notifying the board
in writing of his disapproval and the reasons for
it. If the governor does not act within such
thirty-day period, the resolution is deemed
approved.
Sec. 7. (NEW) (a) (1) The university is
authorized to provide by resolution, at one time
or from time to time, for the issuance and sale of
securities, in its own name on behalf of the
state, pursuant to section 6 of this act. The
board of trustees of the university is hereby
authorized by such resolution to delegate to its
finance committee such matters as it may determine
appropriate other than the authorization and
maximum amount of the securities to be issued, the
nature of the obligation of the securities as
established pursuant to subsection (c) of this
section and the projects for which the proceeds
are to be used. The finance committee may act on
such matters unless and until the board of
trustees elects to reassume the same. The amount
of securities the special debt service
requirements which are secured by the state debt
service commitment that the board of trustees is
authorized to provide for the issuance and sale in
accordance with this subsection shall be capped in
each fiscal year in the following amounts
provided, to the extent the board of trustees does
not provide for the issuance of all or a portion
of such amount in a fiscal year, all or such
portion, as the case may be, may be carried
forward to any succeeding fiscal year and provided
further, the actual amount for funding, paying or
providing for the items described in subparagraph
(B) of subdivision (11) of subsection (a) of
section 4 of this act may be added to the capped
amount in each fiscal year:
Fiscal Year Amount
1996 $112,542,000
1997 112,001,000
1998 93,146,000
1999 64,311,000
2000 130,000,000
2001 100,000,000
2002 100,000,000
2003 100,000,000
2004 100,000,000
2005 50,000,000
(2) Subject to amount limitations of such
capping provisions in subdivision (1) of this
subsection and following approval of such
resolution as provided in subsection (b) of
section 6 of this act, the principal amount of the
securities authorized therein for such project or
projects shall be deemed to be an appropriation
and allocation of such amount for such project or
projects, respectively, and such approval by the
governor of such resolution shall be deemed the
allotment by the governor of such capital outlays
within the meaning of section 4-85 of the general
statutes and the university (A) may award a
contract or contracts and incur an obligation or
obligations with respect to each such project or
projects authorized pursuant to and within the
amount authorized in such resolution,
notwithstanding that such contract or obligation
may at any particular time exceed the amount of
the proceeds from the sale of securities
theretofore received by the university and (B) may
issue and sell securities respecting such
contracts or obligations referred to in
subparagraph (A) only at such time or times as
shall be needed to have the proceeds thereof
available to pay requisitions expected thereunder
within the year following issuance of such
securities and to provide for costs of UConn 2000
of not more than twenty per cent in excess and
regardless of such anticipated cash expenditure
requirements but subject to section 17 of this
act, provided the amount needed for funding,
paying or providing for the items described in
subparagraph (B) of subdivision (10) of subsection
(a) of section 4 of this act may be added to the
amount of securities so issued.
(b) After issuance, all securities of the
university shall be conclusively presumed to be
fully and duly authorized and issued under the
laws of the state, and any person or governmental
unit shall be estopped from questioning their
authorization, sale, issuance, execution or
delivery by the university.
(c) Securities issued by the university may
be issued under an indenture of trust or bond
resolution, shall be general obligations of the
university, for which its full faith and credit
shall be pledged, payable out of any revenues or
other assets, receipts, funds or moneys of the
university and may be additionally secured by a
pledge of revenues to be derived from the
operation of a project, by assured revenues and by
other assets other than a mortgage, subject only
to any agreements with the holders of particular
securities pledging any particular assets,
revenues, receipts, funds or moneys, unless the
university shall otherwise expressly provide by
the indenture or resolution that such securities
shall be special obligations of the university
payable solely from any revenues or other assets,
including project revenues, such assured revenues
that may be restricted by the terms of receipt
thereof to a particular project or projects to be
financed by such special obligations subject only
to any agreements with the holders of particular
securities pledging any particular assets,
revenues, receipts, funds or moneys. The form of
the master resolution or indenture for securities,
the special debt service requirements for which,
are secured by the state debt service commitment
and containing the state covenant pursuant to
section 21 of this act shall be approved by the
State Bond Commission prior to the first issue of
such securities and any substantive amendment
thereof shall also be approved by the State Bond
Commission. At such time as the master resolution
or indenture is submitted to the State Bond
Commission the university shall file with the
State Bond Commission the list of projects to be
financed by securities secured by the state debt
service commitment for the second phase of UConn
2000.
(d) The resolution or indenture pursuant to
which securities are issued shall provide for the
dates of the securities, the maturity dates, which
in the case of securities issued to finance
equipment and collections, shall not exceed five
years and, in the case of securities issued for
any other purpose shall not exceed thirty years
from their dated dates, the special debt service
requirements and dates thereof, the rate or rates
of interest or the manner of varying or
determining such rate or rates, the cash flow
requirements to cover the cost of UConn 2000 or
components thereof to be funded from the proceeds
of such securities, and by whom, on behalf of the
university, such securities shall be delivered,
signed or countersigned, and by whom, on behalf of
the university, disbursements and investments may
be made and all other particulars thereof and may
contain for the benefit of holders, from time to
time and as a contract therewith, any agreements
and the provisions deemed necessary or appropriate
by the university in connection with the issuance
of such securities and may provide for the terms
and security thereof, including, without
limitation, (1) terms and pledges respecting
assured revenues or project revenues and
respecting the fixing and collection of other
revenues of the university or from any project
covered by such resolution or indenture
provisions, if any; (2) provisions respecting
custody of the proceeds from the sale of such
securities; (3) provisions for the investment and
reinvestment of proceeds of the securities until
used to pay costs of a project and for the
disposition of any excess proceeds of the
securities or investment earnings thereon; (4)
provisions for the execution of reimbursement
agreements or similar agreements in connection
with credit facilities, including, but not limited
to, letters of credit or policies of bond
insurance, remarketing agreements and, subject to
the approval of the state treasurer under section
10 of this act, agreements for the purpose of
moderating interest rate fluctuations; (5)
provisions for the collection, custody,
investment, reinvestment and use of revenues or
other receipts, funds or moneys pledged therefor;
(6) provisions regarding the establishment and
maintenance of reserves, sinking funds and any
other funds and accounts as shall be approved by
the university in such amounts as the university
may establish and the requirements, investments
and application thereof; (7) covenants for the
establishment of pledged revenue coverage
requirements for such securities; (8) covenants
for the establishment of maintenance and insurance
requirements with respect to a project or
projects; (9) provision for the issuance of
additional securities on a parity with securities
theretofore issued, including establishment of
coverage requirements with respect thereto; (10)
the terms to be incorporated in any loan of the
proceeds of such securities, and in any lease of a
project or projects; (11) the creation and
maintenance of special funds from the revenues of
a project or projects; (12) the rights and
remedies available to the holder or holders of
securities in the event of default, the vesting in
a trustee or trustees of such property, rights,
powers and duties in trust as the university may
determine, which may include any or all of the
rights, powers and duties of any trustee appointed
by the holders of any securities and limiting or
abrogating the right of the holders of any
securities of the university to appoint a trustee
under this act or limiting the rights, powers and
duties of such trustee; (13) provision for a trust
indenture by and between the university and a
corporate trustee which may be any trust company
or bank having the powers of a trust company
within or without the state, which agreement may
provide for the pledging or assigning of any
revenues, assets or income from assets to which or
in which the university has any rights or
interest, and may further provide for such other
rights and remedies exercisable by the trustee as
may be proper for the protection of the holders of
any securities and not otherwise in violation of
law, and such agreement may provide for the
restriction of the rights of any individual holder
of securities of the university and may contain
any further provisions which are reasonable to
delineate further the respective rights, duties,
safeguards, responsibilities and liabilities of
the university, persons and collective holders of
securities of the university and the trustee; (14)
covenants to do or refrain from doing such acts
and things as may be necessary or convenient or
desirable in order to better secure any securities
of the university or to maintain the federal or
state tax exemption thereon, or which, in the
discretion of the university, will tend to make
any securities to be issued more marketable
notwithstanding that such covenants, acts or
things may not be enumerated above; (15) and any
other matters of like or different character,
which in any way affect the security or protection
of the securities of the university, all as the
university shall deem advisable and not in
conflict with the provisions of sections 1 to 25,
inclusive, of this act.
(e) Securities issued under authority of
sections 1 to 25, inclusive, of this act shall be
sold by the treasurer of the state, on behalf of
the university, subject in all respects to the
indenture of trust or bond resolution approved by
the university respecting the securities to be
sold, at public or private sale at such price,
whether par, premium or discount, and at such time
or times, subject in each fiscal year to the cash
flow requirements of the university to cover the
cost of UConn 2000, as may be determined in the
best interest of the state and university by the
treasurer and evidenced by his execution of a
certificate of determination to be filed with the
university and the secretary of the State Bond
Commission upon completion of the sale pursuant to
subsection (f) of this section. All costs of
issuance in connection with the authorization,
sale and issuance of the securities, including
interest during construction of any projects being
financed with the proceeds thereof, costs and
expenses of financial advisors, underwriters,
counsel, initial trustee, interest rate
protection, credit enhancement, liquidity, letter
of credit, and ratings, if any, shall be paid from
the proceeds and accrued interest of the
securities unless the university determines to pay
any of such costs and expenses out of other funds
available to it.
(f) The treasurer shall set the terms and
provisions of the sale of any securities, receive
bids or proposals, award and sell any securities,
and take all other action appropriate or necessary
in connection therewith including rejecting any
bid or proposal not meeting the sale requirements,
in conjunction with the board of trustees of the
university which is hereby authorized by a
majority vote to delegate such matters to its
finance committee or to any officer, official or
trustee serving on such finance committee.
(g) The proceeds of the securities of each
issue shall be used solely for the purpose or
purposes for which such securities shall have been
authorized, and shall be disbursed in such manner
and under such restrictions, if any, as the
university may provide in the resolution
authorizing the issuance of such securities or in
the indenture or resolution securing the same. The
university shall not lease or finance or
lease-finance any land or building outside the
Storrs campus through any other state agency or
quasi-public agency other than those leases,
financings or lease purchases in the ordinary
course of its activities and provided the annual
expenditure thereof during the period of
agreements related thereto whether expressed as
rent, debt service, lease purchase payments or the
like does not exceed for each item which is the
subject matter of the lease, finance or
lease-finance agreement, fifty thousand dollars in
any year and such limitation shall apply so long
as the university is authorized in accordance with
subsection (a) of this section to issue securities
under sections 1 to 25, inclusive of this act. The
resolution providing for the issuance of
securities, and any indenture or resolution
securing such securities, may contain such
limitations upon the issuance of additional
securities as the university may deem proper, and
such additional securities shall be issued under
such restrictions and limitations as may be
prescribed by such indenture or resolution
provided, no such resolution or indenture shall
include a covenant committing the university to
the issuance of additional securities secured by a
pledge of the state debt service commitment. The
university may provide for the replacement of any
securities which become mutilated or be destroyed,
stolen or lost. Securities may be issued under
this act without obtaining the consent of any
department, division, commission, board, bureau,
or agency of the state and without any other
proceedings or the happening of any other
conditions or things other than those proceedings,
conditions or things which are specifically
required by sections 1 to 25, inclusive, of this
act.
(h) Money borrowed and securities issued and
delivered by the university shall not constitute a
debt or liability of the state or of any
municipality or any political subdivision of the
state, but shall be payable solely from the
resources of the university described in and
pursuant to the indenture of trust or resolution
under which they are issued, and all such
securities shall contain on their face a statement
to that effect. The borrowing of money and the
issuance of securities by the university shall not
directly or indirectly or contingently obligate
the state or any municipality or political
subdivision to levy or to pledge any form of
taxation and such securities shall not constitute
an indebtedness of the state within the meaning of
any constitutional or statutory debt limitation or
restriction and accordingly, shall not be subject
to any statutory limitation on the indebtedness of
the state and such securities, when issued, shall
not be included in computing the aggregate
indebtedness of the state in respect to and to the
extent of any such limitation, except that the
amount of securities in each fiscal year in which
the general assembly has authorized the board of
trustees to provide for the issuance and sale of
securities pursuant to subsection (a) of this
section for purposes of section 3-21 of the
general statutes, but subject to the exclusions or
deductions provided in said section 3-21, shall be
deemed to be indebtedness of the state until
deemed paid or retired. For any years for which
there is not an estimate of net tax revenues, the
Wharton Econometric Forecasting Associates
projection of consumer price index growth shall be
applied to the most recently adopted state revenue
estimate and shall be deemed to satisfy the
provisions of subsection (d) of said section 3-21.
(i) In connection with the issuance of
securities, the university may create and
establish one or more reserve funds to be known as
special capital reserve funds and may pay into
such special capital reserve funds (1) any moneys
appropriated and made available by the state for
the purposes of such funds, (2) any proceeds of
sale of securities, to the extent provided in the
resolution of the university authorizing the
issuance thereof, and (3) any other moneys which
may be made available to the university for the
purpose of such funds from any other source or
sources. The moneys held in or credited to any
special capital reserve fund established under
this subsection, except as provided in this
subsection, shall be used solely for the payment
of the principal of special obligation securities
of the university secured by such special capital
reserve fund as the same become due, the purchase
of such special obligation securities of the
university, the payment of interest on such
special obligation securities of the university or
the payment of any redemption premium required to
be paid when such special obligation securities
are redeemed prior to maturity; provided the
university may provide that moneys in any such
fund shall not be withdrawn therefrom at any time
in such amount as would reduce the amount of such
funds to less than the maximum amount of principal
and interest becoming due by reason of maturity or
a required sinking fund instalment in the
succeeding calendar year on the special obligation
securities of the university then outstanding and
secured by such special capital reserve fund or
such lesser amount specified by the university in
its resolution authorizing the issuance of any
such special obligation securities, such amount
being referred to in this subsection as the
"required minimum capital reserve", except for the
purpose of paying such principal of, redemption
premium and interest on such special obligation
securities of the university secured by such
special capital reserve becoming due and for the
payment of which other moneys of the university
are not available. The university may provide that
it shall not issue special obligation securities
at any time if the required minimum capital
reserve on the special obligation securities
outstanding and the special obligation securities
then to be issued and secured by a special capital
reserve fund will exceed the amount of such
special capital reserve fund at the time of
issuance, unless the university, at the time of
the issuance of such special obligation
securities, shall deposit in such special capital
reserve fund from the proceeds of the special
obligation securities so to be issued, or
otherwise, an amount which, together with the
amount then in such special capital reserve fund,
will be not less than the required minimum capital
reserve. On or before December first, annually,
there is deemed to be appropriated from the state
general fund such sums, if any, as shall be
certified by the chairperson of the board of
trustees to the secretary of the office of policy
and management and treasurer of the state, as
necessary to restore each such special capital
reserve fund to the amount equal to the required
minimum capital reserve of such fund, and such
amounts shall be allotted and paid to the
university for deposit therein. For the purpose of
evaluation of any such special capital reserve
fund, obligations acquired as an investment for
any such fund shall be valued at amortized costs.
Nothing contained in this section or section
10a-105 of the general statutes shall preclude the
university from establishing and creating other
debt service reserve funds in connection with the
issuance of securities of the university. Subject
to any agreement or agreements with holders of
outstanding special obligation securities of the
university, any amount or amounts allotted and
paid to the university by the state pursuant to
this section shall be repaid to the state from
moneys of the university at such time as such
moneys are not required for any other of its
corporate purposes and in any event shall be
repaid to the state on the date one year after all
special obligation securities of the university
theretofore issued on the date or dates such
amount or amounts are allotted and paid to the
university or thereafter issued, together with
interest on such special obligation securities,
with interest on any unpaid instalments of
interest and all costs and expenses in connection
with any action or proceeding by or on behalf of
the holders thereof, are fully met and discharged.
A special capital reserve fund shall not be
created, established or applicable or available
pursuant to this subsection unless the board of
trustees of the university is of the opinion and
determines its self sufficiency in that (A)
project revenues or assured revenues, other than
those to be derived from the state debt service
commitment and the minimum state operating
provision, and as a result of the implementation
of its rate covenant, are estimated and expected,
assuming continued compliance by the state and the
university with the provisions of this act, be
sufficient (i) to pay the applicable special debt
service requirements on special obligation
securities, (ii) to establish, increase and
maintain any reserves deemed by the university to
be advisable to secure the payment of the special
debt service requirements on such special
obligation securities and to maintain its renewal
and replacement fund and (iii) to operate and
maintain in a prudent and economical manner the
physical infrastructure of the university and (B)
the university has recently reviewed and resolved
that it is in compliance with its rate covenant
referred to in section 5 of this act. Prior to the
issuance of special obligation securities, the
security for which is to be enhanced by such a
special capital reserve fund, the aforementioned
self-sufficiency finding by the university shall
be submitted to and confirmed as not unreasonable
or arbitrary in the certificate of determination
referred to in subsection (e) of this section by
the treasurer of the state. In addition, a special
capital reserve fund shall be used only if such
use improves or is essential to the rating of the
securities or provides interest savings as
determined by the treasurer of the state. The
provisions of this subsection respecting the
creation, establishment and enhancement of a
special capital reserve fund shall not be
available or applicable to any general obligation
securities issued by the university pursuant to
this act.
Sec. 8. (NEW) (a) Any pledge made by the
university pursuant to section 7 of this act is
and shall be deemed a statutory lien as provided
in subsection (2) of section 42a-9-102 of the
general statutes. Such lien shall be valid and
binding from the time when the pledge is made. The
lien of any pledge shall be valid and binding as
against all parties having claims of any kind in
tort, contract or otherwise against the
university, irrespective of whether the parties
have notice of the claims. Notwithstanding any
provision of the uniform commercial code to the
contrary, neither this act, the indenture or
resolution, nor any other instrument by which a
pledge is created need be recorded. Any revenues
or other receipts, funds, moneys, personal
property of fixtures so pledged and thereafter
received by the university shall be subject
immediately to the lien of the pledge without any
physical delivery thereof or further act and such
lien shall have priority over all other liens,
including without limitation the liens of persons
who, in the ordinary course of business, furnish
services or materials in respect of such assets.
(b) All expenses incurred in carrying out the
indenture, any financing document or resolution
may be treated as a part of operating expenses of
the university unless otherwise paid as part of
the special debt service requirements in
accordance with the financing transaction
proceedings.
(c) Whether or not any securities issued
pursuant to sections 1 to 25, inclusive, of this
act, are of the form and character to qualify as
negotiable instruments under the terms of title
42a of the general statutes, the securities are
hereby made negotiable instruments within the
meaning of and for all purposes of said title 42a,
subject only to the provisions of the securities.
Sec. 9. (NEW) (a) (1) There is hereby created
a special external gift fund to encourage special
eligible gifts from the private sector, to be used
by the university in furtherance of UConn 2000
pursuant to this act. The fund shall be
administered by the board of trustees, or by the
finance committee if so delegated by the board of
trustees. Notwithstanding the provisions of
subsection (b) of section 10a-105 or any other
provision of the general statutes, there shall be
deposited into the fund: (A) Special eligible
external gift fund moneys in an amount equal to
the special eligible gifts, and (B) interest or
other income earned on the investment of moneys in
the special external gift fund pending transfer or
use of such moneys pursuant to this act.
(2) Moneys in the special external gift fund
may be used to pay costs in connection with any
UConn 2000 project or projects and may be added to
state or other moneys available or becoming
available for any such project; any moneys in the
special external gift fund not used to pay costs
in connection with any such project or projects
may be used to meet special debt service
requirements on outstanding securities or for
purchase or redemption and cancellation of such
securities or by payment thereof at maturity.
(3) The board of trustees shall adopt
guidelines with respect to the solicitation of
special eligible gifts from private donors. The
adoption of such guidelines shall not constitute
regulation making as defined in and prescribed by
chapter 54 of the general statutes.
(b) (1) A permanent endowment fund shall be
confirmed, established or created to encourage
donations from the private sector, with an
incentive in the form of an endowment fund state
grant, the net earnings on the principal of which
are to be dedicated and made available to the
university for endowed professorships,
scholarships and programmatic enhancements. The
fund shall be administered by the board of
trustees, or by a nonprofit entity entrusted for
such purpose and created or to be created and
qualified as a Section 501(c)(3) organization
under the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of
the United States, as from time to time amended,
and preferably constituted and controlled
independent of the state and university so as to
qualify the interest on state bonds the proceeds
of which have been granted for deposit in the
endowment fund as excludable from federal taxation
under such code and shall, in any event, be held
in a trust fund with a bank or trust company
separate and apart from all other funds and
accounts of the state and university. There shall
be deposited into the fund: (A) Endowment fund
eligible gifts, (B) endowment fund state grants
and (C) interest or other income earned on the
investment of moneys in the endowment fund pending
application or transfer or use of earnings on the
principal thereof for the purposes identified in
this subdivision (1) of subsection (b) of this
section.
(2) (A) If for any of the fiscal years ending
on June 30, 1998, June 30, 1999 or June 30, 2000,
the state budget for such fiscal year does not
appropriate from the general fund for deposit into
the endowment fund an amount equal to the
endowment fund eligible gifts received by the
university for the calendar year ending the
preceding December thirty-first, as certified by
the chairperson of the board of trustees by
February fifteenth to the secretary of the office
of policy and management, provided such sums shall
not exceed ten million dollars in any such fiscal
year and in the aggregate shall not exceed the
endowment fund state grant, the State Bond
Commission shall have the power, in accordance
with the provisions of this subdivision, from time
to time to authorize the issuance of bonds of the
state in one or more series in principal amounts
not exceeding ten million dollars in any such
fiscal year and in the aggregate not exceeding
twenty million dollars, to finance the aggregate
amount of the endowment fund state grant not
otherwise funded. In any such fiscal year in which
the eligible gifts received by the university
exceed ten million dollars, the amount in excess
of ten million dollars shall be carried forward
and eligible for a matching state grant in the
next succeeding fiscal year, provided the total
amount of state grants for any such fiscal year
shall not exceed ten million dollars. The amount
of such appropriation or the proceeds of the sale
of said bonds shall be used to make the endowment
fund state grants to the university and shall be
deposited into the endowment fund.
(B) All provisions of section 3-20 of the
general statutes or the exercise of any right or
power granted thereby which are not inconsistent
with the provisions of this subdivision are hereby
adopted and shall apply to all state bonds
authorized by the State Bond Commission pursuant
to this subdivision, and temporary notes in
anticipation of the money to be derived from the
sale of any such state bonds so authorized may be
issued in accordance with said subsection and from
time to time renewed. Such state bonds shall
mature at such time or times not exceeding twenty
years from their respective dates as may be
provided in or pursuant to the resolution or
resolutions of the State Bond Commission
authorizing such state bonds. Such state bonds
issued pursuant to this subdivision shall be
general obligations of the state and the full
faith and credit of the state of Connecticut are
pledged for the payment of the principal of and
interest on such bonds as the same becomes due,
and accordingly and as part of the contract of the
state with the holders of such state bonds,
appropriation of all amounts necessary for
punctual payment of such principal and interest is
hereby made, and the treasurer shall pay such
principal and interest as the same become due.
(C) None of said state bonds shall be
authorized except upon a finding by the State Bond
Commission that there has been filed with it a
request for such authorization, which is signed by
the secretary of the office of policy and
management and stating such terms and conditions
as said commission, in its discretion, may
require.
(D) Each such request for an authorization of
state bonds shall state the aggregate amount of
the endowment fund eligible gifts received for
which endowment fund state grants are requested by
the university and shall state, other than as made
in subparagraph (A) of subdivision (2) of this
subsection, that no current appropriation has been
provided therefor.
(3) Moneys in the endowment fund shall be
invested pursuant to subdivision (1) of subsection
(b) of section 9 of this act in such obligations
as are eligible for investment of pension funds by
the treasurer provided any deposit in a bank or
money market or other banking or money market
arrangement, such as repurchase agreement, shall
be fully secured unless otherwise insured by a
federal corporation and the net earnings of the
endowment fund shall be used solely for the
purposes for which the fund has been established.
There shall be no commingling of the investments
of the endowment fund with any other fund or
account of the state or the university.
(4) The board of trustees shall adopt
guidelines with respect to the solicitation of
endowment fund eligible gifts from private donors.
Private donations shall not be construed to
include proceeds of federal grants but may include
proceeds of municipal grants.
Sec. 10. (NEW) The university may enter into
any investment or program of investment or
contract which the university by resolution of its
board of trustees adopting a statement of policy
to moderate interest rate fluctuations determines
to be necessary or appropriate to place the
securities or investments of the university, on
the interest rate, currency, cash flow, or other
basis identified therein, including, but not
limited to, contracts commonly known as interest
rate swap agreements or currency swap agreements;
provided, however, that any determination by the
university to exercise such power to moderate
interest rate fluctuations or enter into any
investment or program of investment or contract
respecting interest rates, currency, cash flow or
other similar agreement, including, but not
limited to, interest rate or currency swap
agreements, shall not be effective until and
unless the treasurer of the state or his deputy
appointed pursuant to section 3-12 of the general
statutes has approved such agreement or
agreements. The approval of the state treasurer or
his deputy shall be based on documentation
provided by the university that it has sufficient
assured revenues or project revenues, as
applicable to meet the financial obligation
associated with such agreements.
Sec. 11. (NEW) (a) All money received by the
university pursuant to the authority of sections 1
to 25, inclusive, of this act, shall be construed,
with the approval of the treasurer, to be state
funds held by the state treasurer or, within the
meaning of section 3-13c of the general statutes,
trust funds and shall be held and applied solely
as provided in said section 9 of this act or in
the indenture of trust or resolution of the board
of trustees authorizing the financing document.
Any officer to whom, or any bank, trust company or
other fiscal agent or trustee to which any money
shall be paid shall act as trustee of that money
and shall hold and apply the money for that
purpose, subject to section 9 of this act or such
regulations as the resolution or indenture may
provide.
(b) Interest earnings on the proceeds of any
securities secured by a state debt service
commitment, including any accrued interest
remaining after all costs of issuance have been
paid, shall be credited to the general fund.
Sec. 12. (NEW) Any holder of securities, and
the trustee under any resolution or indenture,
except to the extent the rights given may be
restricted by the resolution authorizing the
issuance of securities or a indenture or
applicable financing document, may, by action,
mandamus or other proceeding, protect and enforce
any and all rights under the laws of the state or
granted under sections 1 to 25, inclusive, of this
act or under the resolution, financing documents
or indenture, including the appointment of a
receiver of pledged amounts or a project, and may
enforce and compel the performance of any duty
required by said sections 1 to 25, inclusive, or
by the resolution, financing document or indenture
to be performed by any officer mentioned in said
sections 1 to 25, inclusive, or by the university,
including the collecting of assured revenues,
project revenues, rates, fees and charges. Any
such suit, action or proceeding shall be brought
for the benefit of all the holders of securities.
Sec. 13. (NEW) Pursuant to sections 6 and 7
of this act, the university may enter into
financing documents and issue securities for the
purpose of refinancing securities, including the
payment of any redemption premium on the
securities or any interest accrued or to accrue to
the date of redemption of those obligations, and
if deemed advisable by the university for the
additional purpose of construction or enabling the
construction of improvements, extensions,
enlargements or additions of the project or
projects in connection with which the securities
to be refunded have been issued. The university
may also borrow and issue securities for the
combined purpose of refunding any securities then
outstanding or if authorized by law, refunding
general obligation debt of the state, including
the payment of any redemption premiums on the
securities or general obligation debts of the
state, and any interest accrued or to accrue to
the date of redemption of those obligations, and
paying all or any part of the cost of acquiring or
constructing or enabling the acquisition or
construction of any additional project or projects
or part of a project, or any improvements,
extensions, enlargements or additions of any
project or projects. The incurring of indebtedness
for refunding purposes and the issuance of
securities in connection with the indebtedness,
the maturities and other details, the rights and
remedies of the holders and the rights, powers,
privileges, duties and obligations of the
university with respect to the indebtedness are
governed by sections 1 to 25, inclusive, of this
act, insofar as the same may be applicable. In the
event the university refunds general obligation
debt of the state not previously issued to finance
any project or projects, the treasurer of the
state is authorized to discharge the university
from an amount of its obligations to reimburse the
state for debt service on general obligation debt
of the state issued to finance any project or
projects that is equivalent to the general
obligation debt of the state actually being
refunded by the issuance of bonds under this act.
Equivalent amounts must be determined on the basis
of the discounted present value of all such
obligations. Any refunding of securities secured
by the state debt service commitment shall be
conditioned upon a certification of the treasurer
that the refunding is reasonably expected as of
the date of the certification to achieve, as a
result of the sale of such refunding securities
and the investment and application of the proceeds
of such sale, net debt service savings.
Sec. 14. (NEW) (a) At the request of the
university, filed with the commissioner of public
works, the university may assume, and thereafter
shall, have charge and supervision of the design,
planning, acquisition, remodeling, alteration,
repair, enlargement, demolition of any real asset
or any other project, which is authorized and
underway as of the effective date of this act.
(b) (1) The university shall cause to be
prepared, proposed construction standards for all
projects. The proposed standards shall, subject to
applicable law, include, among other things,
provisions relating to the quality and type of
materials to be used, provisions for safety, fire
protection, health and sanitation, provisions for
the installation of fixtures, furnishings,
equipment, machinery and apparatus, and
construction features.
(2) Pursuant to such construction standards
in effect at such time, the university shall cause
to be prepared, within the costs available
therefor, the detailed plans and specifications
for each project. The university may from time to
time modify, or authorize modifications to, such
detailed plans and specifications, provided the
plans and specifications as so modified shall
comply with the construction standards, if any,
adopted pursuant to this act and in effect at the
time of the modifications, and the provisions of
section 5 of this act are complied with.
(3) The university shall identify the scope
of work and hire, and contract with persons with
the necessary experience and capability to perform
such scope of work.
(4) The university may contract with a design
professional for the design of any project, with a
general contractor for the construction of any
project; and with one or more prime trade
contractors with respect to such construction work
if the university determines that to do so will be
in the public interest of the state.
(c) (1) Any construction contract to which
the university is a party may include a provision
that the design professional who designed the
project, or an architect or professional engineer
or construction manager retained or employed
specifically for the purpose of supervision, may
supervise the work to be performed through to
completion and ensure that the materials furnished
and the work performed are in accordance with the
drawings, plans, specifications and contracts
therefor.
(2) With respect to any construction contract
that is to be publicly let, the university shall
identify a list of potentially responsible
qualified bidders for the particular contract.
Thereafter, the university shall give notice to
those on the list of the work required and of the
invitation to prequalify. The invitation to
prequalify shall contain such information as the
university shall deem appropriate and a statement
of the time and place where the responses shall be
received. Upon receipt of such responses, the
university shall select each bidder which has
shown itself able to post surety bonds required by
such contract and has demonstrated that it
possesses the financial, managerial and technical
ability and the integrity necessary and without
conflict of interest for faithful and efficient
performance of the work provided for therein. The
university shall evaluate whether a bidder is
responsible and qualified based on its experience
with projects similar to that for which the bid is
to be submitted and based on objective written
criteria and included in the request for
prequalification with respect to such contract.
(3) The university shall thereafter give
notice to those so prequalified of the time and
place where the public letting shall occur and
shall include in such notice such information of
the work required as appropriate. Each bid shall
be kept sealed until opened publicly at the time
and place as set forth in the notice soliciting
such bid. The university shall not award any
construction contract after public letting, except
to the responsible qualified bidder, submitting
the lowest bid in compliance with the bid
requirements. The university may, however, waive
any informality in a bid, and may either reject
all bids and again advertise for bids, or
interview at least three responsible qualified
bidders and negotiate and enter into with any one
of such bidders that construction contract which
is both fair and reasonable to the university.
(4) The invitation to bid and the
construction contract awarded by the university
shall contain such other terms and conditions, and
such provisions for penalties, as the university
may deem appropriate.
(5) No payments shall be made by the
university on account of any contract for the
project awarded by or for the university until the
bills or estimates presented for such payment
shall have been duly certified to be correct by
the university. No payments shall be made from any
other fund on account of any contract for any
project awarded by or for the university until the
bills or estimates presented for such payment
shall have been duly certified to be correct by
the university.
(6) Provision shall be made in each contract
to the effect that payment is limited to the
amount provided therein and that no liability of
the university or state shall and may be incurred
beyond such amount.
(7) The university shall require, for the
protection of the state and the university, such
deposits, bonds and security in connection with
the submission of bids, the award of construction
contracts and the performance of work as the
university shall determine to be appropriate and
in the public interest of the state.
(8) Any contract awarded by the university
shall be a contract with the state acting through
the university.
(d) For the purposes of part III of chapter
557 of the general statutes, a project undertaken
by the university shall be deemed to be a state
public works project and consist of public
buildings.
(e) (1) Notwithstanding any provision of the
general statutes to the contrary, any license,
permit, and approval required or permitted to be
issued and any administrative action required or
permitted to be taken pursuant to the general
statutes in connection with any project by the
university shall be issued or taken upon
application to the particular commissioner or
commissioners having jurisdiction over such
license, permit, approval or other administrative
action or such other state official as such
commissioner shall designate. As used in this
section, the term commissioner shall mean
commissioners if more than one commissioner has
jurisdiction over the subject matter and their
designee, if any. No agency, commission, council,
committee, panel or other body whatsoever other
than such commissioner shall have jurisdiction
over or cognizance of any licenses, permits,
approvals or administrative actions concerning any
project and no notice of any tentative
determination or any final determination regarding
any such license, permit, approval or
administrative action and no notice of any such
license, permit, approval or administrative action
shall be required except as expressly provided
pursuant to this subsection. For purposes of this
act, a capital project is a state facility and
accordingly, no ordinance, law or regulation
promulgated by or any authority granted to any
municipality or any other political subdivision of
the state shall apply to a capital project. The
state properties review board shall have
jurisdiction over any project in the same manner
as provided in chapter 60 of the general statutes
for a priority higher education facility project.
Such commissioner may issue licenses and permits,
give such approval and take such administrative
action as shall be necessary or desirable.
(2) All applications, supporting
documentation and other records submitted to the
commissioner and pertaining to any application for
any license, permit, approval or other
administrative action, together with all records
of the proceedings of the commissioner relating to
any license, permit, approval or administrative
action shall be a public record and shall be made,
maintained and disclosed in accordance with
chapter 3 of the general statutes.
(3) All applications for licenses, permits,
approvals and other administrative action required
by any applicable provision of the general
statutes shall be submitted to the commissioner as
provided in subdivision (1) of this subsection.
The commissioner shall adopt a master process to
consider multiple licenses, permits, approvals and
administrative actions to the extent practicable.
Each license or permit shall be issued, approval
shall be granted and administrative action shall
be taken not later than ten business days after
the date of submission of any application for such
license, permit, approval or administrative action
to the commissioner. Each application for a
license or permit shall be deemed to have been
issued, approval shall be deemed to have been
granted and administrative action shall be deemed
to have been taken as requested unless such
application has been denied, or conditionally
issued prior to the close of business on the tenth
business day after either the date of submission
of such application, or a hearing is held on such
application pursuant to this section.
(4) (A) Any hearing regarding all or any part
of any project, provided for by this section,
shall be conducted by the particular commissioner
having jurisdiction over the applicable license,
permit, approval or other administrative action.
Legal notice of such hearing shall be published in
a newspaper having general circulation in an area
which includes the municipality in which the
particular part of such project is proposed to be
built or is being built not more than ten nor less
than five days in advance of such hearing.
(B) In rendering any decision in connection
with any project, the commissioner shall weigh all
competent material and substantial evidence
presented by the applicant and the public in
accordance with the applicable statute. The
commissioner shall issue written findings and
determinations upon which its decision is based.
Such findings and determinations shall consist of
evidence presented including such matters as the
commissioner deems appropriate, provided such
matters, to the extent applicable to the
particular permit, shall include the nature of any
major adverse health and environmental impact of
any project. The commissioner may reverse or
modify any order or action at any time on the
commissioner's own motion. The procedure for such
reversal or modification shall be the same as the
procedure for the original proceeding.
(C) Any administrative action taken by any
commissioner in connection with any project may be
appealed by an aggrieved party to the superior
court for the judicial district of Hartford-New
Britain in accordance with the provisions of
section 4-183 of the general statutes, except as
otherwise provided in sections 1 to 25, inclusive,
of this act. Such appeal shall be brought within
ten days of the date of mailing to the parties to
the proceeding of a notice of such order, decision
or action by certified mail, return receipt
requested, and the appellant shall serve a copy of
the appeal on each party listed in the final
decision at the address shown in such decision.
Failure to make such service within such ten days
on parties other then the commissioner who
rendered the final decision may not, in the
discretion of the court, deprive the court of
jurisdiction over such appeal. Within ten days
after the service of such appeal, or within such
further time as may be allowed by the court, the
commissioner which rendered such decision shall
cause any portion of the record that had not been
transcribed to be transcribed and shall cause
either the original or a certified copy of the
entire record of the proceeding appealed from to
be transmitted to the reviewing court. Such record
shall include the commissioner's findings of fact
and conclusions of law, separately stated. If more
than one commissioner has jurisdiction over the
matter, such commissioners shall issue joint
findings of fact and conclusions of law. Such
appeal shall state the reasons upon which it is
predicated and, notwithstanding any provisions of
the general statutes to the contrary, shall not
stay the development of any project. The
commissioner which rendered such decision shall
appear as the respondent. Such appeals to the
superior court shall each be privileged matters
and shall be heard as soon after the return date
as practicable. A court shall render its decision
not later than twenty-one days after the date that
the entire record, with the transcript, is filed
with the court by the commissioner who rendered
the decision.
(D) The court shall not substitute its
judgment for that of the commissioner as to the
weight of the evidence presented on a question of
fact. The court shall affirm the decision of the
commissioner unless the court finds that
substantial rights of the party appealing such
decision have been materially prejudiced because
the findings, inferences, conclusions or decisions
of the commissioner are: (i) In violation of
constitutional or statutory provisions, (ii) in
excess of the statutory authority of the
commissioner, (iii) made upon unlawful procedure,
(iv) affected by an error of law, (v) clearly
erroneous in view of the reliable, probative and
substantial evidence on the whole record, or (vi)
arbitrary, capricious or characterized by abuse of
discretion or clearly unwarranted exercise of
discretion.
(E) If the court finds material prejudice, it
may sustain the appeal. Upon sustaining an appeal,
the court may render a judgment which modifies the
decision of the commissioner, orders particular
action of the commissioner or orders the
commissioner to take such action as may be
necessary to effect a particular action and the
commissioner may issue a permit consistent with
such judgment. Notwithstanding the foregoing, an
applicant may file an amended application and the
commissioner may, pursuant to the procedures set
forth in this act, consider an amended application
for an order, permit or other administrative
action following court action.
(F) Notwithstanding the provisions of section
3-125 of the general statutes, in consultation
with the attorney general, the university is
authorized and may use the legal services of any
private attorney, in connection with the
construction, operation and maintenance of any
project. The board of trustees shall determine the
effective and efficient method or methods of legal
services to accomplish the construction, operation
and maintenance of all projects, taking into
account the capacity, cost and expense of private
counsel for such services and the capacity and
direct and indirect cost and expense of and
identified by the attorney general for such
services.
Sec. 15. (NEW) (a) The superior court shall
have jurisdiction to enter judgment against the
university founded upon any express contract,
including any indemnification provision thereof,
between the university and the purchasers and
subsequent owners and transferees of securities
issued or contracted to be issued by the
university, or between the university and any
other parties to any financing documents entered
into, pursuant to this act. Any action brought
under this section shall be brought in the
superior court for the judicial district of
Hartford-New Britain. The jurisdiction conferred
upon the superior court by this section includes
any set-off, claim or demand whatever on the part
of the university against any plaintiff commencing
an action under this section. Such action shall be
tried to the court without a jury. All legal
defenses except governmental immunity shall be
reserved to the university. Any action brought
under this section shall be privileged in respect
to assignment for trial upon motion of either
party.
(b) The carrying out by the university of the
powers and duties conferred upon it by sections 1
to 25, inclusive, of this act, shall be deemed to
be the performance of an essential governmental
function. Sections 1 to 25, inclusive, of this
act, shall in no way limit or restrict the power
and authority of the state to borrow money for the
benefit of the university.
Sec. 16. (NEW) Sections 1 to 25, inclusive,
of this act, being necessary for the welfare of
the state and its inhabitants, shall be liberally
construed to effect the purposes thereof.
Sec. 17. (NEW) (a) Securities, their transfer
and the income therefrom, including revenues
derived from the sale thereof shall at all times
be free from taxation except for estate and gift
taxes imposed by the state or any political
subdivision thereof but the interest on such
securities shall be included in the computation of
any excise or franchise tax.
(b) Provision may be made in the financing
documents or in the financing transaction
proceedings for the establishment of a rebate fund
and the monitoring thereof and for the execution
of a tax regulatory agreement and covenants with
respect thereof in order for the interest on the
securities to be and to continue to be excludable
from gross income for federal income tax purposes
pursuant to the Internal Revenue Code of 1986, or
any subsequent corresponding internal revenue code
of the United States, as from time to time
amended, to the extent permitted and provided for
by such code. The state treasurer may establish
such requirements for compliance with said
internal revenue code on securities secured by the
state debt service commitment.
(c) Pending the use and application of any
proceeds from the sale of any securities issued
pursuant to this act, such proceeds may be
deposited or invested in obligations permitted for
state general obligation bonds pursuant to
subsection (f) of section 3-20 of the general
statutes and subject to the more particular
provisions of the financing transaction
proceedings.
Sec. 18. (NEW) The securities of the
university shall be legal investments in which all
public officers and public bodies of the state,
its political subdivisions, all municipalities and
municipal subdivisions, all insurance companies
and associations and other persons carrying on an
insurance business, all banks, bankers, banking
associations, trust companies, savings banks and
savings associations, including savings and loan
associations, building and loan associations,
investment companies and other persons carrying on
a banking business, all administrators, guardians,
executors, board of trustees and other
fiduciaries, and all other persons whatsoever who
are now or may be authorized to invest in
securities of the state, may properly and legally
invest funds, including capital, in their control,
or belonging to them. Those securities are also
made securities which may properly and legally be
deposited with and received by all public officers
and bodies of the state or any agency or political
subdivision and all municipalities and public
corporations for any purpose for which the deposit
of securities of the state is now or may be
authorized by law.
Sec. 19. (NEW) The provisions of sections
4-165 and 5-141d of the general statutes shall
apply to any employee or official of the
university or other state agency who is
discharging his duties or acting within the scope
of his employment in furtherance of the UConn 2000
infrastructure improvement program as defined in
subdivision (24) of section 3 of this act.
Sec. 20. (NEW) Securities bearing duly
authorized signatures of officers or officials
holding office on the date of signing shall be
valid and binding obligations, notwithstanding
that before the delivery of and payment for the
obligation any or all persons whose signatures
appear on the securities shall have ceased to be
such officers or officials. The validity of
securities shall not be dependent on nor affected
by the validity or regularity of any proceedings
to acquire any project financed with the proceeds
of securities.
Sec. 21. (NEW) The state covenants with the
purchasers and all other subsequent owners and
transferees of securities issued by the
university, in consideration of the acceptance of
and payment for the securities, until the
securities, together with the interest thereon,
with interest on any unpaid instalment of interest
and all costs and expenses in connection with any
action or proceeding on behalf of the owners, are
fully met and discharged or unless expressly
permitted or otherwise authorized by the terms of
each contract and agreement made or entered into
by or on behalf of the university with or for the
benefit of such owners, that the state: (1) Will
not create or cause to be created any lien or
charge on the assets or revenues pledged to secure
such securities, other than a lien or pledge
created thereon pursuant to this act; (2) will not
in any way impair the rights, exemptions or
remedies of the owners; and (3) will not limit,
modify, rescind, repeal or otherwise alter the
rights or obligations of the university to take
such action as may be necessary to fulfill the
terms of the resolution authorizing the issuance
of the securities; provided nothing in sections 1
to 25, inclusive, of this act shall preclude the
state from exercising its power, through a change
in law, to limit, modify, rescind, repeal or
otherwise alter this act if and when adequate
provision shall be made by law for the protection
of the holders of outstanding securities, pursuant
to the resolution or indenture under which the
securities are issued. The university is
authorized to include this covenant of the state,
as a contract of the state, in any agreement with
the owners of any securities, in any credit
facility or reimbursement agreement with respect
to the securities and in any agreement authorized
by sections 1 to 25, inclusive, of this act.
Sec. 22. (NEW) The university shall have
perpetual succession as a body politic and
corporate and an instrumentality and agency of the
state. Such succession shall continue until the
existence of the university is terminated by law,
but no such law shall take effect so long as the
university shall have securities and contracts
outstanding unless adequate provision by law is
made for the discharge of the obligations of the
university to the holders of such securities and
for the protection of those entering into
contracts with the university. Upon termination or
dissolution of the university pursuant to law all
of its rights and properties shall pass to and be
vested in its successor entity and if there is no
successor entity, in the state.
Sec. 23. (NEW) (a) Prior to any authorization
pursuant to section 6 of this act, to implement
the relocation of The University of Connecticut,
West Hartford branch to a location in the city of
Hartford or to any other location, the board of
trustees of the university shall authorize such
relocation by a resolution approved by a majority
vote of the board. Such resolution shall be in
addition to any decision of the board pursuant to
said section 6. No funds shall be authorized for
such relocation until the board has approved the
resolution, except that the board may expend funds
for the Hartford relocation feasibility study
prior to the approval of the resolution. If the
board authorizes the relocation of the West
Hartford branch, the university, in consultation
with officials of the state and the town of West
Hartford, shall make recommendations to the office
of policy and management for alternative uses for
the facilities of the existing West Hartford
campus.
(b) With regard to any authorization by the
board of trustees of the university, pursuant to
said section 6, to issue securities for a branch
campus project or to initiate or expand academic
programs at any branch campus of the university
under the UConn 2000 infrastructure improvement
program, the board shall find and determine that
the university has considered (1) whether there
are opportunities to coordinate programs and
services between the university and other state
public and independent institutions of higher
education and (2) whether there are opportunities
to share programs and facilities with other public
and independent institutions of higher education
in conjunction with the projects being considered
by the university. The findings and determinations
of the board shall be included in the reports
required pursuant to sections 24 and 25 of this
act.
Sec. 24. (NEW) Not later than October 1,
1995, and semiannually thereafter, the university
shall report to the governor and the joint
standing committees of the general assembly having
cognizance of matters relating to the department
of education, to finance, revenue, and bonding,
and to appropriations and the budgets of state
agencies on the status and progress of UConn 2000.
Each report shall include, but not be limited to:
(1) Information on the number of projects and
securities authorized, approved and issued
hereunder including, relative to such projects;
project costs, timeliness of completion and any
problems which have developed in implementation;
and a schedule of projects remaining and their
expected costs; (2) the amount of revenue
available from all sources for such remaining
projects, and expected receipts for such remaining
projects for the succeeding four quarters; (3) the
amount of money raised from private sources for
the capital and endowment programs and the
progress made in the development and
implementation of the fund-raising program and (4)
any cooperative activities with other public and
independent institutions of higher education
commenced in the preceding six months. Each such
report shall, for the preceding six-month period,
(A) specify the moneys credited to such fund on
account of, or derived from, each source of state
and federal revenue, (B) specify the amount of
investment earnings from the fund, (C) specify the
moneys from such fund applied and expended for (i)
the payment of debt service requirements, (ii) the
payment of the principal of and interest on
securities issued hereunder and general obligation
bonds of the state issued for university capital
improvement purposes, and (iii) each budgeted
account under the annual budget appropriation made
to the university.
Sec. 25. (NEW) On January 15, 1999, the
university shall submit to the governor and to the
joint standing committees of the general assembly
having cognizance of matters relating to education
and finance, revenue and bonding, a four-year
UConn 2000 performance review report detailing for
each project undertaken to date under the program
the progress made and the actual expenditures
compared to original estimated costs. In addition,
the report shall include a summary of programs,
services and facilities which the university
coordinates with other public and independent
institutions of higher education. Not later than
sixty calendar days after receipt of said report,
such joint committees shall consider the report
and determine whether there has been insufficient
progress in implementation of UConn 2000 or
whether there has been significant cost increases
over original estimates as a result of actions
taken by the university. If so, the committees may
make recommendations for appropriate action to the
university and to the general assembly.
Sec. 26. Subsection (a) of section 10a-8 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The provisions of sections 4-77 and 4-78
shall not apply to the constituent units of the
state system of higher education, and for the
purposes of said sections only, the Board of
Governors of Higher Education shall be deemed the
budgeted agency for such constituent units. The
Board of Governors of Higher Education shall
develop a formula or program-based budgeting
system to be used by each institution and
constituent board in preparing operating budgets
for the fiscal year commencing July 1, 1985, and
each fiscal year thereafter. Said Board of
Governors of Higher Education shall prepare a
single public higher education budget request
itemized by the individual institution and branch
using the formula or program-based budgeting
system and shall submit such budget request
displaying all operating funds to the secretary of
the office of policy and management in accordance
with sections 4-77 and 4-78, subject to procedures
developed by the Board of Governors of Higher
Education and approved by said secretary. The
budget request of the boards of trustees of The
University of Connecticut, the community-technical
colleges and the Connecticut State University
system shall set forth, in the form prescribed by
the Board of Governors of Higher Education, a
proposed expenditure plan which shall include: (1)
The total amount requested for such appropriation
account; (2) the amount to be appropriated from
the general fund and (3) the amount to be paid
from the tuition revenues of The University of
Connecticut, the regional community-technical
colleges, and the Connecticut State University
system. After review and comment by the Board of
Governors of Higher Education, the proposed
expenditure plans shall be incorporated into the
single public higher education budget request
including recommendations, if any, by said board.
Any tuition increase proposed by the boards of
trustees of The University of Connecticut, the
community-technical colleges and the Connecticut
State University system for the fiscal year to
which the budget request relates shall be included
in the single public higher education budget
request submitted by the Board of Governors of
Higher Education for such fiscal year, PROVIDED IF
THE GENERAL ASSEMBLY DOES NOT APPROPRIATE THE
AMOUNT REQUESTED BY THE UNIVERSITY OF CONNECTICUT,
THE BOARD OF TRUSTEES OF THE UNIVERSITY MAY
INCREASE TUITION AND FEES BY AN AMOUNT GREATER
THAN THAT INCLUDED IN THE BUDGET REQUEST IN
RESPONSE TO WHICH THE APPROPRIATION WAS MADE. The
general assembly shall make appropriations
directly to the constituent unit boards. Said
constituent unit boards shall allocate
appropriations to the individual institutions and
branches with due consideration to the program or
formula-based budget used to develop the
appropriation as approved by the general assembly
or as otherwise specified in the approved
appropriation. Allotment reductions made pursuant
to the provisions of subsections (b), (c), and (f)
of section 4-85 shall be applied by the Board of
Governors of Higher Education among the
appropriations to the constituent unit boards
without regard to the limitations on reductions
provided in said section, except that said
limitations shall apply to the total of the
amounts appropriated to the higher education
budgeted agencies. The Board of Governors of
Higher Education shall apply such reductions after
consultation with the secretary of the office of
policy and management and the constituent unit
boards. Any reductions of more than five per cent
of the appropriations of any constituent units
shall be submitted to the appropriations committee
which shall, within ten days, approve or reject
such reduction.
Sec. 27. Section 10a-104 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Subject to state-wide policy and
guidelines established by the Board of Governors
of Higher Education, the Board of Trustees of The
University of Connecticut shall: (1) Make rules
for the government of the university and shall
determine the general policies of the university,
including those concerning the admission of
students and the establishment of schools,
colleges, divisions and departments, and shall
direct the expenditure of the university's funds
within the amounts available; (2) develop the
mission statement for The University of
Connecticut, and all branches thereof, which shall
include, but not be limited to, the following
elements: (A) The educational needs of and
constituencies served by said university and
branches; (B) the degrees offered by said
university; and (C) the role and scope of each
institution and branch within the university
system, which shall include each institution's and
branch's particular strengths and specialties. The
board of trustees shall submit the mission
statement to the Board of Governors of Higher
Education for review and approval in accordance
with the provisions of section 10a-6; (3)
establish policies for the university system and
for the individual institutions and branches under
its jurisdiction; (4) submit to the Board of
Governors of Higher Education, for approval,
recommendations for the establishment of new
academic programs; (5) make recommendations to the
Board of Governors of Higher Education, when
appropriate, regarding institutional or branch
mergers or closures; (6) coordinate the programs
and services of the institutions and branches
under its jurisdiction; (7) be authorized to enter
into agreements, consistent with the provisions of
section 5-141d, to save harmless and indemnify
sponsors of research grants to The University of
Connecticut, provided such an agreement is
required to receive the grant and limits liability
to damages or injury resulting from acts or
omissions related to such research by employees of
the university; (8) promote fund-raising to assist
the university and report to the commissioner of
higher education and the joint standing committee
of the general assembly having cognizance of
matters relating to education by January 1, 1994,
and biennially thereafter, on such fund-raising;
[and] (9) charge the direct costs for a building
project under its jurisdiction to the bond fund
account for such project, provided (A) such costs
are charged in accordance with a procedure
approved by the treasurer and (B) nothing in this
subdivision shall permit the charging of working
capital costs, as defined in the applicable
provisions of the Internal Revenue Code of 1986,
or any subsequent corresponding internal revenue
code of the United States, as from time to time
amended, or costs originally paid from sources
other than the bond fund account; AND (10)
EXERCISE THE POWERS DELEGATED TO IT PURSUANT TO
SECTION 4 OF THIS ACT.
(b) The board of trustees shall: (1) Review
and approve institutional budget requests and
prepare and submit to the Board of Governors of
Higher Education, in accordance with the
provisions of section 10a-8, the budget request
for the university and all branches thereof; [and]
(2) propose facility planning and capital
expenditure budget priorities for the institutions
under its jurisdiction; AND (3) EXERCISE THE
POWERS DELEGATED TO IT IN SECTION 4 OF THIS ACT.
The board may request authority from the treasurer
to issue payment for claims against the
university, other than a payment for payroll, debt
service payable on state bonds to bondholders,
paying agents, or trustees, or any payment the
source of which includes the proceeds of a state
bond issue.
Sec. 28. Subsection (b) of section 10a-105 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Board of Trustees of The University of
Connecticut shall establish and administer a fund
to be known as The University of Connecticut
Operating Fund, AND IN ADDITION, MAY ESTABLISH A
SPECIAL EXTERNAL GIFT FUND, AND AN ENDOWMENT FUND,
AS DEFINED IN SECTION 3 OF THIS ACT, AND SUCH
OTHER FUNDS AS MAY BE ESTABLISHED PURSUANT TO
SUBDIVISION (13) OF SUBSECTION (a) OF SECTION 4 OF
THIS ACT. Appropriations from general revenues of
the state except the amount of the appropriation
for operating expenses to be used for personal
services and the appropriations for fringe
benefits pursuant to subsection (a) of section
4-73, and all tuition revenue received by the
university in accordance with the provisions of
subsection (a) of this section, income from
student fees or related charges, the proceeds of
auxiliary activities and business enterprises,
gifts and donations, federal funds and grants for
purposes other than research and all receipts
derived from the conduct by The University of
Connecticut of its education extension program and
its summer school session, except funds received
by The University of Connecticut Health Center,
shall be deposited in said OPERATING fund. All
costs of waiving or remitting tuition pursuant to
subsection (e) of this section, except the cost of
waiving or remitting tuition for students enrolled
in the schools of medicine or dental medicine,
shall be charged to said fund. Repairs,
alterations or additions to facilities supported
by said fund costing one million dollars or more
shall require the approval of the general
assembly, or when the general assembly is not in
session, of the Finance Advisory Committee. Any
balance of receipts above expenditures shall
remain in said fund, except such sums as may be
required for deposit into a debt service fund or
the general fund for further payment by the
treasurer of debt service on general obligation
bonds of the state issued for purposes of The
University of Connecticut.
Sec. 29. Section 10a-141 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Board of Trustees of The University of
Connecticut, 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 any such agreement to lease is
subject to the provisions of section 4b-23, prior
to the making of the original lease by the board
of trustees. The plans for such buildings shall be
subject to approval of the commissioner of public
works and the board of trustees and such leases
shall be for the periods and] upon such terms and
conditions as [such commissioner of public works]
THE BOARD OF TRUSTEES 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 University of
Connecticut 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 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 and any state
property so leased shall not be subject to local
assessment and taxation and such land or property
shall be included as property of The University of
Connecticut for the purpose of computing a grant
in lieu of taxes pursuant to section 12-19a.]
Sec. 30. Subsection (e) of section 10a-178 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) "Institution for higher education" means
(1) an educational institution situated within
this state which by virtue of law or charter is a
nonprofit educational institution empowered to
provide a program of education beyond the high
school level; (2) a public educational
institution, which, shall be [The University of
Connecticut and all branches thereof and] the
state colleges, known collectively as Connecticut
State University.
Sec. 31. Subsection (c) of section 4a-4 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The chief executive officer of each
constituent unit of the state system of higher
education may consider and devise ways and means
of AND THE UNIVERSITY OF CONNECTICUT SHALL BE
RESPONSIBLE FOR establishing and maintaining
proper control of equipment, including all
vehicles and office equipment of such unit,
require the establishment of proper permanent
inventory records and the taking of physical
inventories of the equipment of such constituent
unit, and may authorize the transfer, use or
disposal of unused and improperly used or
neglected equipment of such unit.
Sec. 32. Subsection (a) of section 4a-68 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Whenever under any provision of the
general statutes any state officer or agency of
the executive branch, EXCEPT THE UNIVERSITY OF
CONNECTICUT, is authorized or directed to publish,
print or purchase any laws, stationery, form or
report, such laws, stationery, form or report
shall be purchased or contracted for as directed
by the commissioner of administrative services.
All such laws, stationery, forms and reports shall
be printed on paper that meets or exceeds the
American National Standards Institute standards
for permanent paper, unless such paper is not
available. Each state officer or agency of the
executive branch, before entering upon the
preparation of any laws, stationery, form or
report, shall submit to the commissioner of
administrative services a careful estimate of the
proposed size of such printed material and the
number of copies required. If in the
commissioner's opinion such material should be
published and printed at state expense, he shall
define the specifications for the printing thereof
and shall procure the printing in accordance with
said specifications and in such manner as he deems
to be for the best interest of the state,
including in all contracts therefor penalties
sufficient to insure prompt delivery of the
completed material.
Sec. 33. Section 4b-1 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The commissioner of public works 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 (15) OF SECTION
3 OF THIS ACT, UNDERTAKEN BY THE UNIVERSITY OF
CONNECTICUT and [(D)] (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 (e) 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; (2) select design
professional 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 his 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; (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, lease 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,
and (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. 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. 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 to the contrary, EXCEPT FOR
THE PROPERTY OF THE UNIVERSITY OF CONNECTICUT, the
commissioner may supervise the care and control of
(1) any state-owned office building, and related
buildings and grounds, outside the city of
Hartford, used by two or more state departments or
agencies, except the judicial department, as
district offices, and (2) any other multiuse
state-owned 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. 34. Subsection (a) of section 4b-21 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) When the general assembly is not in
session, the trustees of any state institution,
the State Board of Education or the commissioner
of correction may, subject to the provisions of
section 4b-23, purchase or acquire for the state,
through the commissioner of public works, any land
or interest therein if such action seems advisable
to protect the state's interest or to effect a
needed economy, and may, subject to the provisions
of said section, contract through the commissioner
of public works for the sale or exchange of any
land or interest therein belonging to the state
EXCEPT THAT THE UNIVERSITY OF CONNECTICUT MAY
PURCHASE OR ACQUIRE FOR THE STATE AND MAY DISPOSE
OF OR EXCHANGE ANY LAND OR INTEREST THEREIN
DIRECTLY. When the general assembly is not in
session, the commissioner of public works, with
the approval of the State Properties Review Board,
may give or obtain an option upon any land or
interest therein which is not under the control of
the trustees of any state institution, the State
Board of Education or the commissioner of
correction when such action seems advisable, and
such option shall remain in force until the
fifteenth day of August following the next session
of the general assembly.
Sec. 35. Subsection (a) of section 4b-51 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The commissioner of public works 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 two hundred
fifty thousand dollars, and except that 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,
EXCEPT THAT THE UNIVERSITY OF CONNECTICUT SHALL
HAVE CHARGE AND SUPERVISION OF THE REMODELING,
ALTERATION, REPAIR, CONSTRUCTION, OR ENLARGEMENT
OF ANY PROJECT, AS DEFINED IN SUBDIVISION (15) OF
SECTION 3 OF THIS ACT, NOTWITHSTANDING THE AMOUNT
OF THE EXPENDITURE INVOLVED. 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.
Sec. 36. Subsection (a) of section 4b-52 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) No repairs, alterations or additions
involving expense to the state of 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
public works, except repairs, alterations or
additions to a building under the supervision and
control of the Joint Committee on Legislative
Management AND REPAIRS, ALTERATIONS OR ADDITIONS
TO A BUILDING UNDER THE SUPERVISION OF THE
UNIVERSITY OF CONNECTICUT. (2) Notwithstanding the
provisions of subdivision (1), repairs,
alterations or additions involving expense to the
state of fifty 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 public works.
Sec. 37. Subsections (g) and (h) of section
4b-55 of the general statutes are repealed and the
following is substituted in lieu thereof:
(g) "Priority higher education facility
project" means any project which is part of a
state program to repair, renovate, enlarge, equip,
purchase or construct (1) instructional
facilities, (2) academic core facilities,
including library, research and laboratory
facilities, (3) student residential or related
student dining facilities, or (4) utility systems
related to such projects, which are or will be
operated under the jurisdiction of the board of
trustees of any constituent unit of the state
system of higher education, EXCEPT THE UNIVERSITY
OF CONNECTICUT provided the project is included in
the comprehensive facilities master plan of the
constituent unit pursuant to section 10a-4a or in
the most recent state facility plan of the office
of policy and management pursuant to section
4b-23.
(h) "Project" means any state program
requiring design professional services if (1) the
cost of such services is estimated to exceed
twenty-five 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 (2)
the construction costs in connection with such
program are estimated to exceed two hundred fifty
thousand dollars; or, in the case of a constituent
unit of the state system of higher education,
OTHER THAN THE UNIVERSITY OF CONNECTICUT, the
construction costs in connection with such program
are estimated to exceed two million dollars.
Sec. 38. Subsection (a) of section 4b-58 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) (1) Except in the case of a project, an
emergency correctional facility project, the
University of Connecticut library project, [and] a
priority higher education facility project, AND A
PROJECT, AS DEFINED IN SUBDIVISION (15) OF SECTION
3 OF THIS ACT, UNDERTAKEN BY THE UNIVERSITY OF
CONNECTICUT, the commissioner shall negotiate a
contract for design professional services with the
firm most qualified, in his judgment, at
compensation which the commissioner determines is
both fair and reasonable to the state. (2) In the
case of a project, the commissioner shall
negotiate a contract for such services with the
most qualified firm from among the list of firms
submitted by the panel at compensation which he
determines in writing to be fair and reasonable to
the state. If the commissioner is unable to
conclude a contract with any of the firms
recommended by the panel, he shall, after issuing
written findings of fact documenting the reasons
for such inability, negotiate with those firms
which he determines to be most qualified, at fair
and reasonable compensation, to render the
particular design professional services under
consideration. (3) Whenever design professional
services are required for an emergency
correctional facility project, the University of
Connecticut library project or a priority higher
education facility project, the commissioner shall
select and interview at least three design
professionals or firms, and shall negotiate a
contract for design professional services with the
firm most qualified, in his judgment, at
compensation which the commissioner determines is
both fair and reasonable to the state. The
commissioner shall notify the State Properties
Review Board of his action within five business
days, for its approval or disapproval in
accordance with subsection (i) of section 4b-23,
except that if, within fifteen days of such
notice, a decision has not been made, the board
shall be deemed to have approved such contract.
Sec. 39. Subsection (a) of section 4b-91 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Every contract for the construction,
reconstruction, alteration, remodeling, repair or
demolition of any public building for work by the
state, which is estimated to cost more than two
hundred fifty thousand dollars, except (1) a
contract awarded by the commissioner of public
works for [(1)] (A) an emergency correctional
facility project, as defined in subsection (d) of
section 4b-55, [(2)] (B) a large public building
project, as defined in section 4b-98, [(3)] (C)
construction management, as defined in said
section, or [(4)] (D) the University of
Connecticut library project, OR (2) A PROJECT, AS
DEFINED IN SUBDIVISION (15) OF SECTION 3 OF THIS
ACT, UNDERTAKEN AND CONTROLLED BY THE UNIVERSITY
OF CONNECTICUT IN ACCORDANCE WITH SECTION 14 OF
THIS ACT, shall be awarded to the lowest
responsible and qualified general bidder on the
basis of competitive bids in accordance with the
procedures set forth in this chapter, after the
commissioner of public works or, in the case of a
contract for the construction of or work on a
building under the supervision and control of the
Joint Committee on Legislative Management of the
general assembly, the joint committee or, in the
case of a contract for the construction of or work
on a building under the supervision and control of
one of the constituent units of the state system
of higher education, the constituent unit, has
invited such bids by advertisements inserted at
least once in one or more newspapers having a
circulation in each county in the state. The
commissioner of public works, the joint committee
or the constituent unit, as the case may be, shall
determine the manner of submission and the
conditions and requirements of such bids, and the
time within which the bids shall be submitted,
consistent with the provisions of sections 4b-91
to 4b-96, inclusive. Such award shall be made
within sixty days after the opening of such bids.
If the general bidder selected as the general
contractor fails to perform his agreement to
execute a contract in accordance with the terms of
his general bid and furnish a performance bond and
also a labor and materials or payment bond to the
amount specified in the general bid form, an award
shall be made to the next lowest responsible and
qualified general bidder. If the lowest
responsible and qualified bidder's price submitted
is in excess of funds available to make an award,
the commissioner of public works, the Joint
Committee on Legislative Management or the
constituent unit, as the case may be, is empowered
to negotiate with such bidder and award the
contract on the basis of the funds available,
without change in the contract specifications,
plans and other requirements. If the award of a
contract on said basis is refused by such bidder,
the commissioner of public works, the Joint
Committee on Legislative Management or the
constituent unit, as the case may be, may, if he
or it deems it advisable, negotiate with other
contractors who submitted bids in ascending order
of bid prices without change in the contract,
specifications, plans and other requirements. In
the event of negotiation with general bidders as
provided herein, the general bidder involved may
negotiate with subcontractors on the same basis,
provided such general bidder shall negotiate only
with subcontractors named on his general bid form.
Sec. 40. Section 8-3g of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) No zoning regulation adopted pursuant to
this chapter or any special act shall prohibit any
community residence in any area which is zoned to
allow structures containing two or more dwelling
units.
(b) NO ZONING REGULATION ADOPTED PURSUANT TO
THIS CHAPTER OR ANY SPECIAL ACT SHALL PROHIBIT ANY
PROJECT, AS DEFINED IN SUBDIVISION (15) OF SECTION
3 OF THIS ACT, IN ANY AREA WHICH IS ZONED TO ALLOW
COMMERCIAL STRUCTURES.
Sec. 41. Section 16a-30 of the general
statutes is amended by adding subsection (c) as
follows:
(NEW) (c) Any project included in UConn 2000,
as defined in subdivision (24) of section 3 of
this act, shall constitute part of the state plan
of conservation and development approved by the
general assembly.
Sec. 42. Subsection (b) of section 22a-1f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Evaluations required by section 22a-1b
shall not be required for an emergency
correctional facility project, as defined in
subsection (d) of section 4b-55 OR A PROJECT, AS
DEFINED IN SUBDIVISION (15) OF SECTION 3 OF THIS
ACT, WHICH INVOLVES THE CONVERSION OF AN EXISTING
STRUCTURE FOR EDUCATIONAL RATHER THAN OFFICE OR
COMMERCIAL USE.
Sec. 43. Subsection (b) of section 22a-12 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The council shall have the authority to
require submission by all state agencies, at all
stages of development, of construction plans for
review and comment by the council which shall
include, but not be limited to, all plans of the
department of transportation which anticipate the
paving or building upon land not previously paved
or built upon, and location or expansion of
noise-producing facilities such as airports; and
all plans of the department of public works which
anticipate the paving or building upon land not
previously paved or built upon, the construction
of structures occupying a substantially greater
air space than predecessor structures in the same
location, and the location or expansion of noise
or pollution-producing facilities such as heating
plants, BUT WHICH SHALL NOT INCLUDE THE CONVERSION
BY THE UNIVERSITY OF CONNECTICUT OF A COMMERCIAL
OR OFFICE STRUCTURE TO AN EDUCATIONAL STRUCTURE;
provided the function of the council with respect
to such plans shall be advisory and consultative
only.
Sec. 44. Subdivision (4) of section 25-68c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(4) To regulate actions by state agencies
affecting floodplains EXCEPT CONVERSION BY THE
UNIVERSITY OF CONNECTICUT OF COMMERCIAL OR OFFICE
STRUCTURES TO AN EDUCATIONAL STRUCTURE.
Sec. 45. This act shall take effect from its
passage.
Approved June 7, 1995