Bill Text: CT HB05510 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Disposition Of Surplus State Property.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-04-20 - Referred by House to Committee on Finance, Revenue and Bonding [HB05510 Detail]
Download: Connecticut-2010-HB05510-Comm_Sub.html
General Assembly |
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February Session, 2010 |
*_____HB05510GAE___032510____* |
AN ACT CONCERNING THE DISPOSITION OF SURPLUS STATE PROPERTY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4b-21 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(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.
(b) Any state agency, department or institution having custody and control of land, an improvement to land or interest in land, belonging to the state, shall inform the Secretary of the Office of Policy and Management, in writing, six months prior to the date when it is anticipated that such land, improvement or interest or any part thereof is not needed by the agency, department or institution. Upon receipt of such notification, the secretary shall arrange for such agency, department or institution to forthwith transfer custody and control of such land, improvement or interest to the Department of Public Works, along with adequate funding for personnel and other operating expenses required for the maintenance of such land, improvement or interest, and shall notify all state agencies, departments, [and] institutions and the regional planning organization, as defined in section 4-124i, of the region where such land, improvement or interest is located that such land, improvement or interest is available. Such regional planning organization may make recommendations to the secretary for the use of such land. Within ninety days of receipt of such notification from the secretary, any state agency, department or institution that is interested in utilizing the land, improvement or interest shall submit a plan to the secretary that sets forth the proposed use for the land, improvement or interest and a budget and timetable for such use. If the Commissioner of Economic and Community Development determines that such land, improvement or interest can be utilized or adapted for economic development, use as an emergency shelter or transitional living facility for homeless persons or can be utilized or exchanged for property which can be utilized for economic development or the construction, rehabilitation or renovation of housing for persons and families of low and moderate income, said commissioner may (1) within such ninety-day period, submit to the secretary, in lieu of such plan, a preliminary plan indicating that the land, improvement or interest can be utilized, adapted or exchanged for such economic development or housing purposes and stating the type of housing or economic development that is planned, and (2) within six months after the end of such ninety-day period, submit a comprehensive plan for the development of such land, improvement or interest for economic development or housing to the secretary, in a form prescribed by the secretary. If the Commissioner of Economic and Community Development submits preliminary and comprehensive plans to the secretary within such periods, the agency, department or institution having custody and control of the land, improvement or interest shall transfer custody and control to the Commissioner of Economic and Community Development in accordance with such procedures as the secretary may prescribe. If (A) the Commissioner of Economic and Community Development does not submit a preliminary plan to the secretary within such ninety-day period or so submits a preliminary plan but does not submit a comprehensive plan to the secretary within such six-month period, and (B) one or more agencies, departments or institutions submit a plan for such land, improvement or interest to the secretary within such ninety-day period, the secretary shall analyze such agency, department or institution plan or plans and determine whether (i) custody and control of the land, improvement or interest shall be transferred to one of such agencies, departments or institutions, in which case the agency, department or institution having custody of the land, improvement or interest shall make such transfer, or (ii) the land, improvement or interest shall be treated as surplus.
(c) If the secretary determines that such land, improvement, interest or part thereof may properly be treated as surplus, he shall notify the Commissioner of Public Works. If the secretary also determines that such land, improvement or interest or part thereof was purchased or improved with proceeds of tax exempt obligations issued or to be issued by the state, he shall also notify the Treasurer. Prior to making any determination whether to retain, sell, exchange, lease or enter into agreements concerning such land, improvement, interest or part thereof, the Secretary of the Office of Policy and Management shall, within available appropriations, obtain an economic cost-benefit analysis that documents the direct and indirect costs, savings and qualitative and quantitative benefits that will result from retaining, selling, exchanging or leasing such land, improvement, interest or part thereof. Such analysis shall, at a minimum, include an estimate of any applicable costs associated with the environmental remediation, reuse or mothballing of such property for future use. Upon its completion, a copy of any cost-benefit analysis performed pursuant to this subsection shall be provided to the joint standing committee of the General Assembly having cognizance of matters relating to the purchase and sale of state property and facilities. The Commissioner of Public Works may sell, exchange or lease, or enter into agreements concerning, such land, improvement, interest or part thereof, after (1) notifying (A) the municipality or municipalities in which such land, improvement or interest is located, (B) the members of the General Assembly representing such municipality or municipalities, and (C) any potential developer of an incentive housing development, as defined in section 8-13m, who has registered with the Commissioner of Economic and Community Development to be notified of any such state surplus land, and (2) obtaining the approval of (A) the Secretary of the Office of Policy and Management, (B) the State Properties Review Board, and (C) the joint standing committees of the General Assembly having cognizance of matters relating to (i) state revenue, and (ii) the purchase and sale of state property and facilities, and (3) if such land, improvement, interest or part thereof was purchased or improved with proceeds of tax-exempt obligations issued or to be issued by the state, obtaining the approval of the Treasurer. The Treasurer may disapprove such a transaction only if the transaction would affect the tax-exempt status of such obligations and could not be modified to maintain such tax-exempt status. If a proposed agreement for such a conveyance has not been submitted to the State Properties Review Board within three years after the Commissioner of Public Works provides such notice to such municipality and such members of the General Assembly, or if the board does not approve the proposed agreement within five years after such notice, the Commissioner of Public Works may not convey such land, improvement or interest without again so notifying such municipality and such members of the General Assembly. In the case of a proposed lease of land, an improvement to land or an interest in land, or any part thereof, with a person, firm or corporation in the private sector, for a term of six months or more, the Commissioner of Public Works shall comply with such notice requirement by notifying in writing the chief executive officer of the municipality in which the land, improvement or interest is located and the members of the General Assembly representing such municipality, not less than two weeks before seeking the approval of said secretary, board and committees, concerning the proposed lease and the manner in which the lessee proposes to use the land, improvement or interest. Each agency, department or institution which informs the secretary that any land, improvement or interest in land is not needed shall retain responsibility for its security and maintenance until the Commissioner of Public Works receives custody and control of the property, if any. The Treasurer shall execute and deliver any deed or instrument necessary to convey the title to any property the sale or exchange of which or a contract for the sale or exchange of which is authorized by this section.
(d) Upon approval of the proposed action of the Commissioner of Public Works by said secretary and board, said commissioner shall request approval of such action by the joint standing committees of the General Assembly having cognizance of matters relating to state revenue and the purchase and sale of state property and facilities. Each committee shall have thirty days from the date such request is received to convene a meeting to vote to approve or disapprove such action. Each committee may make recommendations to the Commissioner of Public Works concerning such proposed action. If such request is withdrawn, altered, amended or otherwise changed, said commissioner shall resubmit such request, and each committee shall have thirty days from the date of such resubmittal to convene a meeting to vote to approve or disapprove such action. If a committee does not act on a request or the resubmittal of a request, as the case may be, within that time, the request shall be deemed to be approved by the committee.
(e) No provision of this section shall be construed to limit, supersede or repeal any other provision of law relating to the powers or duties of any state agency.
(f) The requirements of subsections (b) to (d), inclusive, of this section shall not apply to land which the Commissioner of Environmental Protection has acquired pursuant to 42 USC 9601 et seq., the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA).
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
4b-21 |
Statement of Legislative Commissioners:
In subsection (b) of section 1 "regional planning organization" was substituted for "regional council of government" for accuracy and to reflect legislative intent.
GAE |
Joint Favorable Subst. |