Senate Bill No. 640

Public Act No. 00-140

An Act Implementing The Master Development Plan For The Adriaen's Landing Project And The Stadium At Rentschler Field Project.

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

Section 1. Section 32-600 of the general statutes, as amended by section 17 of public act 99-241, is repealed and the following is substituted in lieu thereof:

As used in this chapter and sections 26 to 46, inclusive, of [this act] public act 99-241, as amended by this act, the following terms shall have the following meanings:

(1) "Authority" means the Capital City Economic Development Authority created pursuant to section 32-601.

(2) "Capital city project" means any or all of the following: (A) A convention center project as defined in subdivision (3) of this section; (B) a downtown higher education center; (C) the renovation and rejuvenation of the civic center and coliseum complex; (D) the development of the infrastructure and improvements to the riverfront; (E) (i) the creation of up to one thousand downtown housing units through rehabilitation and new construction and (ii) the demolition or redevelopment of vacant buildings; and (F) the addition to downtown parking capacity. All capital city projects shall be located or constructed and operated in the capital city economic development district, as defined in subdivision [(4)] (7) of this section, provided any project undertaken pursuant to subparagraph (E) (ii) of this subdivision may be located anywhere in the town and city of Hartford.

(3) "Convention center" means a convention facility constructed and operated in the capital city economic development district, including parking for such facility, in conjunction with a privately developed hotel, including ancillary facilities and infrastructure improvements as more particularly described in the master development plan.

(4) "Convention center facilities" means the convention center and the related parking facilities, as defined in section 27 of public act 99-241, as amended by this act, to the extent such related parking facilities are developed, owned or operated by the authority. "Convention center facilities" does not include the convention center hotel.

(5) "Convention center hotel" means the privately developed hotel required to be constructed and operated in conjunction with the convention center, as more particularly described in the master development plan, as defined in section 27 of public act 99-241, as amended by this act, including the second phase of the convention center hotel as therein described.

[(4)] (6) "Convention center project" means the development, design, construction, finishing, furnishing and equipping of the convention center facilities and related site acquisition and site preparation.

[(5)] (7) "Capital city economic development district" means the area bounded and described as follows: The northerly side of Masseek Street from the intersection of Van Dyke Avenue proceeding westerly to the intersection of Van Block Avenue, proceeding northerly along Van Block to the intersection of Nepaquash Street, proceeding easterly to the intersection of Huyshope Avenue, proceeding northerly along Huyshope Avenue to the intersection of Charter Oak Avenue, proceeding westerly along Charter Oak Avenue to Wyllys Street, proceeding along Wyllys Street to Popieluszko Court, north on Popieluszko Court to Charter Oak Avenue proceeding westerly to Main Street, proceeding south along Main Street to Park Street, thence west along Park Street to Washington Street, thence north along Washington Street to the entryway to the State Capitol, thence northwesterly along the Exit 48 on ramp to Interstate 84 northward to the railroad, now proceeding northeasterly along the railroad to its intersection with the southerly railroad spur, thence proceeding southeasterly along the railroad R.O.W. to the Bulkeley Bridge. Thence easterly to the city line. Proceeding south along city boundary to the point perpendicular with Masseek Street. Thence westerly to the point of beginning.

Sec. 2. Subsection (c) of section 32-602 of the general statutes, as amended by section 19 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(c) In addition to the powers enumerated in subsection (b) of this section, with respect to the convention center project and the convention center facilities the authority shall have the following powers: (1) To acquire, by gift, purchase, condemnation or transfer, lands or rights-in-land in connection [therewith] with the convention center facilities or the convention center hotel and to sell [, lease as lessee or as lessor,] and lease or sublease, as lessor or lessee or sublessor or sublessee, any portion of its real property rights, including air space above or areas below the convention center facilities or the convention center hotel, and own and operate the convention center facilities, provided that such activity is consistent with all applicable federal tax covenants of the authority, transfer or dispose of any property or interest therein acquired by it, at any time and to receive and accept aid or contributions, from any source, of money, labor, property or other things of value, to be held, used and applied to carry out the purposes of this section, subject to the conditions upon which such grants and contributions are made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section; (2) to condemn properties which may be necessary or desirable to effectuate the purposes of the authority with respect to the convention center project and the convention center hotel to be exercised in accordance with the provisions of chapter 835; (3) to formulate plans for, acquire, finance and develop, lease, purchase, construct, reconstruct, repair, improve, expand, extend, operate, maintain and market the convention center [project] facilities, provided such activities are consistent with all applicable federal tax covenants of the authority and provided further that the authority shall retain control over naming rights with respect to the convention center, [and] that any sale of such naming rights shall require the approval of the [Secretary of the Office of Policy and Management] secretary and that the proceeds of any such sale of naming rights, to the extent not required for start-up or current operating expenses of the convention center, shall be used by the authority exclusively for the purpose of operating or capital replacement reserves for the convention center; (4) to contract and be contracted with provided, if management, operating or promotional contracts or agreements or other contracts or agreements are entered into with nongovernmental parties with respect to property financed with the proceeds of obligations the interest on which is excluded from gross income for federal income taxation, the board of directors shall ensure that such contracts or agreements are in compliance with the covenants of the authority upon which such tax exclusion is conditioned; (5) to enter into arrangements or contracts to either purchase or lease, on a fully completed turn key basis, the convention center, [project] and arrangements with the secretary regarding the development, ownership and operation by the authority of the related parking facilities, and to enter into a contract or contracts with an entity, or entities, for [operating and managing of such convention center project] operation and management thereof and, for purposes of section 1 of public act 99-142 relating to standard wage rates for certain service workers, any such contract for operation and management of the convention center shall be deemed to be a contract with the state; (6) to fix and revise, from time to time, and to charge and collect fees, rents and other charges for the use, occupancy or operation of such projects, and to establish and revise from time to time, [regulations] procedures in respect of the use, operation and occupancy of [any such project] the convention center facilities, including parking rates, rules and procedures, provided such [regulations] arrangements are consistent with all applicable federal tax covenants of the authority, and to utilize net revenues received by the authority from the operation of the convention center facilities, after allowance for operating expenses and other charges related to the ownership, operation or financing thereof, for other proper purposes of the authority, including, but not limited to, funding of operating deficiencies or operating or capital replacement reserves for either the convention center or the related parking facilities as determined to be appropriate by the authority; (7) to engage architects, engineers, attorneys, accountants, consultants and such other independent professionals as may be necessary or desirable to carry out its purposes; to contract for construction, development, concessions and the procurement of goods and services and to establish and modify procurement procedures from time to time to implement the foregoing in accordance with the provisions of [subdivision (2) of this subsection] section 32-603; (8) to adopt procedures [with respect to contractors and subcontractors engaged in the construction and operation of such project] (A) which shall require [such] that contractors or subcontractors [(A) to] engaged in the convention center project and the construction of the convention center hotel take affirmative action to provide equal opportunity for employment without discrimination as to race, creed, color, national origin or ancestry or gender, (B) to ensure that the wages paid on an hourly basis to any mechanic, laborer or workman employed by such contractor or subcontractor with respect to [such project shall be at a rate equal to the rate] the convention center project or the construction of the convention center hotel shall be at a rate customary or prevailing for the same work in the same trade or occupation in the town and city of Hartford, unless otherwise established pursuant to a project labor agreement, and (C) which shall require the prime construction [contractor for such project] contractors for the convention center project and for the convention center hotel, and the principal facility [manager of such project] managers of the convention center facilities and the convention center hotel to make reasonable efforts to hire or cause to be hired available and qualified residents of the city of Hartford and available and qualified members of minorities, as defined in section 32-9n of the general statutes, for construction and operation jobs at the convention center facilities and the convention center hotel at all levels of construction and operation; (9) to enter into a development agreement with the developer of the convention center hotel, which agreement shall prohibit any voluntary sale, transfer or other assignment of the interests of such developer, or any affiliate thereof, in the convention center hotel, including the rights under any ground lease, air rights or similar agreement with the state or the authority, for a minimum period of five years from the completion thereof except with the prior written consent of the authority given or withheld in its sole discretion, and thereafter except to a party which, in the reasonable judgment of the authority, is financially responsible and experienced in the ownership and operation of first class hotel properties in similar locations; (10) to borrow money and to issue bonds, notes and other obligations of the authority to the extent permitted under section 32-607, to fund and refund the same and to provide for the rights of the holders thereof and to secure the same by pledge of assets, revenues, notes and state contract assistance as provided in section 32-608; [(10)] (11) to do anything necessary and desirable, including executing 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 agreements for the purpose of moderating interest rate fluctuations, to render any bonds to be issued pursuant to section 32-607 more marketable; and [(11)] (12) to engage in and contract for marketing and promotional activities to attract national, regional and local conventions, sports events, trade shows, exhibitions, banquets and other events to maximize the use of the convention center [project] facilities.

Sec. 3. Subsections (a) and (b) of section 32-614 of the general statutes, as amended by section 24 of public act 99-241, are repealed and the following is substituted in lieu thereof:

(a) For the purposes described in subsection (b) of this section the State Bond Commission shall have power, from time to time but in no case later than June 30, 2005, to authorize the issuance of bonds of the state, in one or more series and in principal amounts and in the aggregate not exceeding one hundred ninety million dollars and such additional amounts as may be required in connection with the costs of issuance of the bonds including bond anticipation, temporary and interim notes, the proceeds of which shall be used by the [State] Treasurer to pay the costs of issuance, provided in computing the total amount of bonds which may at any one time be outstanding, the principal amount of any refunding bonds issued to refund bonds shall be excluded. After authorization by the State Bond Commission, all securities of the state authorized pursuant to this section shall be conclusively presumed to be fully and duly authorized pursuant to the laws of the state. Any person or government entity shall be estopped from questioning their authorization, sale issuance, execution or delivery by the state.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used as follows: Three million dollars by the Department of Economic and Community Development for a grant-in-aid to the Capital City Economic Development Authority and the balance by the Office of Policy and Management for a grant-in-aid to the Capital City Economic Development Authority for the project costs of the convention center project, [as defined in subdivision (3) of section 32-600] other than the project costs of the related parking facilities, as defined in section 27 of public act 99-241, as amended by this act, and such portion of preliminary costs and the project costs of site acquisition, site preparation and infrastructure improvements related to other aspects of the overall project, all as defined in section 27 of public act 99-241, as amended by this act, as is determined jointly by the secretary and the authority to be appropriately allocated to the convention center, subject to satisfaction of the conditions set forth in subsection (a) of section 30 of [this act] public act 99-241, as amended by this act.

Sec. 4. Section 25 of public act 99-241 is repealed and the following is substituted in lieu thereof:

The state shall protect, save harmless and indemnify the Capital City Economic Development Authority and its directors, officers and employees from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment based upon any alleged act or omission of the authority or any such director, officer or employee in connection with, or any other legal challenge to, the overall project, as defined in section 27 of public act 99-241, as amended by this act stadium facility operations, as defined in section 27 of public act 99-241, as amended by this act, public act 98-1 of the December special session, public act 99-241 or this act, including without limitation the preparation by the authority of the environmental impact evaluation contemplated by subsection (j) of section 41 of public act 99-241, as amended by this act, provided, in the case of any such director, officer or employee, such director, officer or employee is found to have been acting in the discharge of such director, officer or employee's duties or within the scope of such director, officer or employee's employment and any such act or omission is found not to have been wanton, reckless, wilful or malicious.

Sec. 5. Section 26 of public act 99-241 is repealed and the following is substituted in lieu thereof:

It is found and declared that the general welfare, health and prosperity of the people of the state of Connecticut will be promoted by the holding in the vicinity of its capital city of Hartford [of sporting events, other athletic contests, entertainment events and other public activities; that an enclosed multipurpose sports and entertainment facility and related improvements in said area] of university sporting events, other athletic contests, entertainment events and other public activities; that a multipurpose sports stadium in East Hartford for such events and activities will serve the interests of the university, promote tourism, contribute to the economic base of the state and stimulate needed redevelopment in the area in which it is located; that United Technologies Corporation, to commemorate the seventy-five-year history of Pratt and Whitney Aircraft Company and its founder, Frederick R. Rentschler, has offered to donate approximately seventy-five acres of real property at Rentschler Field in the town of East Hartford for use as the stadium facility site and, in connection with such donation, to license for use in connection with stadium facility events for one dollar per year approximately sixty-five hundred additional parking spaces on its campus in the town of East Hartford, which will save the state costs related to securing adequate parking for stadium facility events; that the interests of the university and the state will be served by the acceptance of such offer; that a convention center, related parking facilities and associated housing, entertainment, recreation, retail, hotel and office development in the capital city of Hartford will stimulate the needed redevelopment of said area as envisioned by chapter 588x of the general statutes, and will complement other substantial private development activities in downtown Hartford that are contemplated by said chapter 588x; that [rules, regulations and rate schedules with respect to parking for sportsplex events are necessary and in the public interest for safety, health and police purposes; that the economic benefits accruing to owners of parking facilities near the sportsplex will be much greater than any economic burdens imposed by the adoption of such rules, regulations and rate schedules; that the expedited acquisition of property and construction of such sportsplex and related improvements] such activities and development in and near the capital city of Hartford are matters of state-wide concern and the provisions of sections 26 to 46, inclusive, of public act 99-241, as amended by this act relating to municipal powers are necessary to effect the purposes hereof; that the success of the convention center and the other public improvements in the city of Hartford provided for in this act, and the achievement of the objectives of chapter 588x and this act, are dependent upon the integrated development and completion of the associated housing, entertainment, retail, hotel and office development; that the acquisition of property and the preparation of suitable sites for such associated private development, particularly in an urban area, often cannot be accomplished through the ordinary operations of private enterprise, and therefore state participation and assistance in site acquisition and preparation are necessary inducements to such activities and development; that expedited site acquisition, site preparation and construction of such convention center, related parking facilities and associated housing, entertainment, recreation, retail, hotel and office development for such purposes is for the public welfare and is a public use for which the power of eminent domain may be exercised and public land may be made available; that the development and operation of the [sportsplex and related improvements is a] stadium facility, convention center, related parking facilities and other related public improvements and state participation in and assistance to such associated private development are significant governmental [use and function] uses and functions for which the exercise of state power may be exercised and [a public purpose] are public purposes for which the borrowing power of the state may be exercised; and that, therefore, it is necessary and in the public interest and for the public benefit and good that the provisions of sections 27 to 46, inclusive, of [this act] public act 99-241, as amended by this act, are declared as a matter of legislative determination.

Sec. 6. Section 27 of public act 99-241 is repealed and the following is substituted in lieu thereof:

As used in sections 26 to 46, inclusive, of [this act and] public act 99-241, as amended by this act, sections 39 and 40 of public act 98-1 of the December special session, as amended by [this act] public act 99-241 and this act and sections 32 to 37, inclusive, of this act:

(1) "Adriaen's Landing site" means the area of approximately thirty-three acres of land within the capital city economic development district designated in the master development plan as the location of the convention center, the related parking facilities and the on-site related private development.

[(1)] (2) "Bonds" means the bonds authorized to be issued and sold by the state pursuant to sections 28 and 29 of [this act] public act 99-241, as amended by this act, and, unless the context requires a different meaning, shall include serial, term or variable rate bonds, notes issued in anticipation of the issuance of bonds, and temporary or interim notes or notes issued pursuant to a commercial paper program.

(3) "Capital city economic development district" has the meaning assigned to that term in section 32-600, as amended by this act.

[(2)] (4) "Comptroller" means the State Comptroller or the deputy comptroller appointed pursuant to section 3-133.

(5) "Convention center" has the meaning assigned to that term in section 32-600, as amended by this act.

(6) "Convention center project" has the meaning assigned to that term in section 32-600, as amended by this act.

[(3)] (7) "Convention center hotel" [means the privately developed hotel required to be constructed and operated in conjunction with the convention center as part of the related private development] has the meaning assigned to that term in section 32-600, as amended by this act.

[(4) "Convention center facilities" means the convention center and the convention center hotel.

(5) "Convention center site" means the real property within the capital city economic development district in the city of Hartford necessary for the development of the convention center.]

[(6)] (8) "Costs of issuance" means all costs related to the proceedings under which bonds are issued pursuant to sections 28 and 29 of [this act] public act 99-241, as amended by this act, including, but not limited to, fees and expenses or other similar charges incurred in connection with the execution of reimbursement agreements, remarketing agreements, standby bond purchase agreements, agreements in connection with obtaining any liquidity facility or credit facility with respect to such bonds, trust agreements respecting disbursement of bond proceeds and any other necessary or appropriate agreements related to the marketing and issuance of such bonds and the disbursement of the bond proceeds, auditing and legal expenses and fees, expenses incurred for professional consultants, financial advisors and fiduciaries, fees and expenses of remarketing agents and dealers, fees and expenses of the underwriters to the extent not paid from a discount on the purchase price of such bonds, and fees and expenses of rating agencies, transfer or information agents, and including costs of the publication of advertisements and notices, printers' fees or charges incurred by the state to comply with applicable federal and state securities or tax laws and any other similar costs of issuance.

[(7)] (9) "Design professional" means each duly licensed architect, engineer or other design professional experienced in the design of [major multipurpose sports and entertainment] comparable facilities and related improvements retained by the secretary from time to time to prepare plans and specifications and perform related professional services in connection with the overall project and related development activities.

[(8) "Facility manager"] (10) "Stadium facility manager" means each nongovernmental service provider engaged by the secretary to provide overall management services with respect to all or a portion of the [sportsplex or the parking facilities] stadium facility.

[(9) "Facility operations"] (11) "Stadium facility operations" means all activities related to the use, management and operation of the [sportsplex and the parking facilities] stadium facility including, without limitation, maintenance and repairs, purchases of supplies, the addition or replacement of furniture, fixtures and equipment, safety and security, crowd and traffic control, ticket and premium seating promotion and sales, ticketing and box office operations, event booking, scheduling and promotion, event operations, stadium parking management, marketing, promotion and public relations, advertising sales, media and broadcast activities and merchandising, catering and concessions.

(12) "GMP" means guaranteed maximum price.

[(10)] (13) "Governmental authorities" means all federal, state or local governmental bodies, instrumentalities or agencies and all political subdivisions of the state, including municipalities, taxing, fire and water districts and other governmental units.

[(11)] (14) "Governmental permits" means all permits, authorizations, registrations, consents, approvals, waivers, exceptions, variances, orders, judgments, decrees, licenses, exemptions, publications, filings, notices to and declarations of or with, or required by, governmental authorities, including those relating to traffic, environmental protection, wetlands, zoning, site approval, building and public health and safety, that are required for the development and operation of any project or facility.

[(12) "Hartford sportsplex capital replacement account"]

(15) "Stadium facility capital replacement account" means the capital replacement reserve account within the [Hartford Sportsplex] Stadium Facility Enterprise Fund established by section [32 of this act] 33 of public act 99-241, as amended by this act.

[(13) "Hartford Sportsplex Enterprise Fund"]

(16) "Stadium Facility Enterprise Fund" means the separate fund established by section 33 of [this act] public act 99-241.

[(14)] (17) "Infrastructure improvements" means necessary or desirable infrastructure improvements relating to the convention center, the [sportsplex or the] stadium facility, the related parking facilities or the on-site related private development, as the case may be, including, but not limited to, structures over roads and highways, roadway improvements, pedestrian improvements, landscaped plazas, piers, foundations and other structural work on the Adriaen's Landing site or the stadium facility site or off-site as determined by the secretary to be necessary or desirable in connection with the development of the Adriaen's Landing site or the stadium facility site, and whether undertaken by the secretary or any other agency, department or public instrumentality of the state, as more particularly described in the master development plan.

[(15)] (18) "Internal Revenue Code" means the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and regulations adopted thereunder.

[(16)] (19) "Master development plan" means [a] the master development plan for the overall project and the on-site related private development prepared by the secretary and the authority with the assistance of the design professional, [which shall include at a minimum the documents and information specified in subsection (b) of section 30 of this act] in the form filed with the clerks of the Senate and the House of Representatives on March 3, 2000, as modified by the secretary after the effective date of this act in accordance with the provisions of section 35 of this act.

[(17)] (20) "NCAA" means the National Collegiate Athletic Association or its successor.

[(18) "Nonevent business areas" means improvements on the sportsplex site or the parking facilities site and portions of the sportsplex or the parking facilities used for commercial or retail purposes not principally related to sportsplex events or otherwise devoted to private business use for purposes of Section 141(b) of the Internal Revenue Code.]

(21) "On-site related private development" means the convention center hotel and the other housing, entertainment, recreation, retail and office development on the Adriaen's Landing site contemplated by the master development plan. "On-site related private development" includes the second phase of the convention center hotel as described in the master development plan but excludes any other addition to, or any expansion, demolition, conversion or other modification of, any such on-site related private development unless the secretary certifies in the secretary's discretion that such addition, expansion, demolition, conversion or other modification is being undertaken by agreement with the secretary in furtherance of the objectives of the master development plan.

[(19)] (22) "Overall project" means the convention center project, the [sportsplex] stadium facility project and the parking project, or one or more of the foregoing as more particularly described in the master development plan, including all related planning, feasibility, environmental testing and assessment, permitting, engineering, technical and other necessary development activities, [the acquisition of any real property required therefor, and site preparation] including site acquisition, site preparation and infrastructure improvements. As used in sections 41, 42 and [56] 46 of [this act] public act 99-241, as amended by this act, and subdivision (1) of section 12-412, subsection (a) of section 12-498 and subdivision (1) of section 22a-134, each as amended by public act 99-241 and this act and section 20 of this act, "overall project" [shall also include the convention center hotel] also includes the development, design, construction, finishing, furnishing and equipping of the on-site related private development.

[(20) "Parking facility site" means one or more parcels of the real property located with the capital city economic development district in the city of Hartford necessary for the development of the related parking facilities.]

[(21)] (23) "Parking project" means the development, design, construction, finishing, furnishing and equipping of the related parking facilities and related site acquisition and site preparation.

[(22) "Plans and specifications" means the preliminary plans and specifications or the final plans and specifications for the sportsplex and the parking facilities, as the case may be, prepared by the design professional consistent with the master development plan approved by the secretary, as modified from time to time with the approval of the secretary.]

[(23)] (24) "Preliminary costs" means the costs of the state or the authority, as the case may be, relating to planning, preliminary design, feasibility and permitting of the overall project, whether incurred prior to or following the effective date of [this act] public act 99-241, including, but not limited to, costs of plans, including plans with respect to alternative or prior designs, budgeting, borings, surveys, maps, title examinations, environmental testing, environmental impact evaluations, appraisals, documentation of estimates of costs and revenue increments to the state or the authority in connection with the overall project and the permitting thereof, including feasibility studies, market and impact analysis, preliminary design costs and costs incidental to investigations, preparation and processing of permit applications and preparation and analysis of any proposed agreement, lease or memorandum of understanding with respect to the overall project, including, but not limited to, the fees and expenses of professional, management and technical consultants, and financial and legal advisors, and the reimbursement to any state agency or department, public authority, political subdivision or private entity which has advanced or advances funds for the payment of any such preliminary costs, provided that in the case of any such private entity such advancement was or is at the request of or with the approval of the state as certified by the secretary and would qualify as a preliminary cost [of] if incurred directly by the state or the Capital City Economic Development Authority.

[(24)] (25) "Prime construction contractor" means [the] each general contractor, construction manager or other construction professional with primary responsibility for construction activities with respect to the stadium facility, the convention center, the [sportsplex or the] related parking facilities or any aspect of the on-site related private development, as the case may be.

[(25)] (26) "Project costs" means and includes all hard and soft costs relating to the [sportsplex] overall project, [the parking project or site preparation, as the case may be,] or, in context, any aspect thereof, including, but not limited to, preliminary costs, costs of site acquisition, site preparation and infrastructure improvements, relocation costs, including costs related to interim parking arrangements, costs of issuance, costs of labor and materials employed in the work, [costs of insurance,] fees for project and construction management services, including incentive payments related to timely completion of improvements at or under budget, costs of insurance, including title insurance, the establishment of appropriate reserve funds in connection with the financing of any aspect of the overall project, and costs of accounting, legal, architectural, environmental, permitting, engineering, management, financial and other professional and technical services.

(27) "Project manager" means the development professional selected to supervise and coordinate the development of the Adriaen's Landing site on behalf of the secretary and the authority.

[(26)] (28) "Real property" means land and buildings and all estate, interest or right in land or buildings, including land or buildings owned by any person, the state or any political subdivision of the state or instrumentality thereof and including any and all easements, rights of way, air rights and every estate, right or interest therein.

[(27)] (29) "Related parking facilities" means parking structures, facilities or improvements which are necessary or desirable to provide parking for the convention center, [the sportsplex,] the convention center hotel and other on-site related private development, which related parking facilities may also satisfy other public and private parking requirements within the capital city economic development district, or to replace currently available parking which may be displaced by the overall project, [or the] other than the stadium facility project, or the on-site related private development, together with equipment, fixtures, furnishings and appurtenances integral and normally associated with the construction and operation of parking facilities, and ancillary infrastructure improvements, all as more particularly described in the master development plan.

[(28)] (30) "Related private development" means privately developed facilities or projects located within the capital city economic development district and associated with the convention center, [or the sportsplex,] including the hotel to be developed in conjunction with the convention center and such other privately developed facilities or projects, which may include housing, hotel, retail, entertainment, recreation, [housing] office or parking facilities or projects, including privately developed or financed improvements related to the convention center or such facilities or projects, as [may be identified and described in] contemplated by the master development plan. For purposes of this subdivision, the term "associated" means functionally and economically related to the convention center [or the sportsplex] as part of an integrated effort to develop and revitalize the urban core of the city of Hartford as an attractive destination for visitors and location for new businesses and residents.

[(29)] (31) "Secretary" means the Secretary of the Office of Policy and Management or [the deputy secretary appointed pursuant to section 4-8] the secretary's designee.

(32) "Site acquisition" means the acquisition of real property, by condemnation, purchase, lease, lease-purchase, exchange or otherwise, comprising the Adriaen's Landing site and the stadium facility site, and includes the acquisition of other real property determined by the secretary to be necessary for off-site infrastructure improvements related to the development of the Adriaen's Landing site or the stadium facility site or for temporary use for construction staging or replacement parking during the period of construction, and the exchange or lease, as lessor or lessee, by the secretary or any other agency, department or public instrumentality of the state, of off-site real property to the extent determined by the secretary to be necessary to acquire real property comprising the Adriaen's Landing site, but excludes the acquisition or development by any private party of real property or improvements not on the Adriaen's Landing site.

[(30)] (33) "Site preparation" means the removal and relocation of utilities, including electricity, gas, steam, water and sewer, the installation and connection of additional required utilities, the construction of necessary drainage facilities, the demolition of existing improvements and the removal, containment or other remediation of any hazardous materials and the restoration and compacting of soil, whether undertaken by the secretary or any other agency, department or public instrumentality of the state, all on the [convention center] Adriaen's Landing site, the [sportsplex] stadium facility site, [the parking facilities site] and on other sites where site preparation is necessary for the [construction and operation of the convention center or the sportsplex or the parking facilities] development of the Adriaen's Landing site and the stadium facility site as contemplated by the master development plan or for the continuation of a public service facility, as defined in section 35 of [this act] public act 99-241, as amended by this act, or utility operations.

[(31) "Sportsplex" means an enclosed multipurpose sports and entertainment facility]

(34) "Stadium facility" means a multipurpose sports stadium with a minimum of approximately forty thousand seats and with capacity for expansion to a minimum of approximately fifty thousand seats, [which may include premium seating areas,] meeting all applicable requirements for home team facilities for Division I-A football of the NCAA and the college football conference of which the university is expected to be a member, including seating capacity, size and composition of playing surface, locker room and media facilities and other amenities, to be owned by the state on the [sportsplex site for the holding of athletic contests or other events, which may include but shall not be limited to football, basketball, soccer and baseball games, other sporting events and musical, dramatic and other artistic, cultural, entertainment, educational and social events and public activities, together with associated year round, seasonal or occasional office, retail, dining, recreational and entertainment facilities and] stadium facility site, together with equipment, fixtures, furnishings and appurtenances integral and normally associated with the construction and operation of such a [multipurpose] facility, stadium parking and ancillary infrastructure improvements, all as more particularly described in the master development plan.

[(32) "Sportsplex project"] (35) "Stadium facility project" means the development, design construction, finishing, furnishing and equipping of the [sportsplex] stadium facility and related site acquisition and site preparation.

[(33) "Sportsplex site"] (36) "Stadium facility site" means the real property [located within the capital city economic development district in the city of Hartford necessary for the development of the sportsplex, as referred to in section 18 of this act] located at Rentschler Field in the town of East Hartford designated for such purpose in the master development plan.

(37) "Stadium parking" means improvements, facilities and other arrangements for parking for stadium facility operations and events, including license, lease or other parking use agreements.

[(34)] (38) "State" means the state of Connecticut.

[(35)] (39) "State Bond Commission" means the commission established pursuant to subsection (c) of section 3-20 or any successor thereto.

[(36)] (40) "Treasurer" means the State Treasurer or the deputy treasurer appointed pursuant to section 3-12.

[(37)] (41) "University" means The University of Connecticut, a constituent unit of the state system of public higher education.

[(38)] (42) "Work" means the provision of any or all of the work, labor, materials, equipment, services and other items required for a project including, but not limited to, design, architectural, engineering, development and other technical and professional services, construction and construction management services, permits, construction work and any and all other activities and services necessary to acquire, design, develop, construct, finish, furnish or equip any project.

Sec. 7. Section 28 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) The State Bond Commission shall have power, in accordance with this section from time to time to authorize the issuance of bonds of the state by the [State] Treasurer, pursuant to and in accordance with this section in one or more series and in principal amounts not exceeding in the aggregate [one hundred fifteen] ninety-one million two hundred thousand dollars plus additional amounts for costs of issuance to the extent that premium and accrued interest on such bonds are not available to pay such costs of issuance as determined by the Treasurer at the time of issuance, provided, in computing the total amount of such bonds which may at any one time be outstanding, the principal amount of any refunding bonds issued to refund such bonds shall be excluded. The proceeds of such bonds and each series thereof shall be used by or at the direction of the Secretary of the Office of Policy and Management for the purposes of financing project costs of the [sportsplex] stadium facility project, as set forth in a certificate of determination filed by the secretary with the Treasurer and the secretary of the State Bond Commission in respect of such project costs as detailed in said certificate. Each such bond shall bear such title or other designation as may be fixed by the Treasurer prior to issuance. This section shall constitute a bond act within the meaning of section 3-20.

(b) The bonds authorized pursuant to this section shall mature at such time or times not exceeding thirty years. [from the later of their respective dates or the targeted completion date of the sportsplex.] None of said 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 stating such terms and conditions as said commission, in its discretion may require. Such bonds 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, including temporary or interim notes, as the same become due, and, accordingly, as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made including with respect to interest on temporary or interim notes and principal thereof to the extent not funded with renewals thereof or bonds, and the Treasurer shall pay such principal and interest as the same become due.

(c) No bonds, notes or other obligations provided for in this section shall be authorized by the State Bond Commission except upon (1) a filing by the secretary with the State Bond Commission of a copy of the master development plan, and (2) a finding by the State Bond Commission that such issuance is in the public interest. [and that all conditions set forth in subsection (a) of section 30 of this act have been met.]

(d) All provisions of section 3-20 and the exercise of any right or power granted thereby which is not inconsistent with the provisions of this section, are hereby adopted and shall apply to all bonds authorized pursuant to this section, and temporary or interim notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed provided no filings required by subdivisions (1) and (2) of subsection (g) of said section 3-20 shall be required.

(e) Any balance of proceeds of the sale of such bonds authorized by this section in excess of aggregate project costs shall be used to meet interest and principal amounts as the same become due on [said authorized bonds or] such bonds or to defease or redeem such bonds as may be outstanding, or shall be deposited to the General Fund as the Treasurer shall determine. [in order to comply with applicable federal tax requirements.]

(f) Net earnings on investment of proceeds, accrued interest and premiums on the issuance of any of such bonds authorized by this section after payment of expenses incurred by the Treasurer in connection with their issuance, if any, and after compliance with applicable federal tax requirements, shall be used to meet interest and principal amounts as the same become due on said authorized bonds.

(g) After [issuance] authorization by the State Bond Commission, all securities of the state issued pursuant to this section shall be conclusively presumed to be fully and duly authorized and issued under the laws of the state. Any person or governmental entity shall be estopped from questioning their authorization, sale, issuance, execution or delivery by the state.

(h) For the purposes of this section "state moneys" means the proceeds of the sale of the bonds authorized pursuant to this section or of temporary or interim notes issued in anticipation of the moneys to be derived from the sale of such bonds. Any federal, private or other moneys then available or thereafter to be made available for project costs of the [sportsplex] stadium facility project as identified by the secretary may be added to any state moneys available or becoming available hereunder for such project costs and be used for the [sportsplex] stadium facility project as if constituting such state moneys, and any other federal, private or other moneys then available or thereafter to be made available for such project costs, if and to the extent from time to time directed by the Treasurer, upon receipt shall, in conformity with applicable federal and state law, be used for the purposes for which such other moneys are received, and otherwise by the Treasurer to meet the principal of outstanding bonds issued pursuant to this section or to meet the principal of temporary or interim notes issued in anticipation of the money to be derived from the sale of such bonds authorized pursuant to [this act] public act 99-241, as amended by this act, for the purpose of financing such project costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to the [sportsplex] stadium facility project are used to meet principal of such temporary or interim notes or whenever principal on any such temporary or interim notes is retired by application of revenue receipts of the state, the amount of such bonds authorized in anticipation of which such temporary or interim notes were issued, and the aggregate amount of such bonds which may be authorized pursuant to this section shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet the principal as directed in this subsection, the amount thereof may be invested by, or at the direction of, the Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, or in accordance with the provisions of said section 3-20, and shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as said moneys so invested.

Sec. 8. Section 29 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) The State Bond Commission shall have the power, in accordance with the provisions of this section from time to time to authorize the issuance of bonds of the state, pursuant to and in accordance with this section, in one or more series and in principal amounts not exceeding in the aggregate [fifty million] seventy-three million eight hundred thousand dollars plus additional amounts for costs of issuance to the extent that premium and accrued interest on such bonds are not available to pay such costs of issuance as determined by the Treasurer at the time of issuance, provided, in computing the total amount of such bonds which may at any one time be outstanding, the principal amount of any refunding bonds issued to refund such bonds shall be excluded. The proceeds of such bonds and each series thereof shall be used by or at the direction of the Secretary of the Office of Policy and Management for the purposes of financing project costs of the [related parking facilities] overall project, other than the stadium facility project, or a grant-in-aid or other financial assistance with respect to [related parking facilities] any aspect of the overall project, other than the stadium facility project, pursuant to subsection (c) of this section, as set forth in a certificate of determination filed by the secretary with the Treasurer and the secretary of the State Bond Commission in respect of such project costs as detailed in said certificate. Each such bond shall bear such title or other designation as may be fixed by the Treasurer prior to issuance. This section shall constitute a bond act within the meaning of section 3-20.

(b) The bonds authorized pursuant to this section shall mature at such time or times not exceeding thirty years from [the later of] their respective dates. [or the targeted completion date of the parking facilities.] None of said 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 stating such terms and conditions as said commission, in its discretion may require. Such bonds 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, including temporary or interim notes, as the same become due, and, accordingly, as part of the contract of the state with the holders of such bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made including with respect to interest on temporary or interim notes and principal thereof to the extent not funded with renewals thereof or bonds, and the Treasurer shall pay such principal and interest as the same become due.

(c) The secretary is authorized to use amounts available pursuant to the bond authorization in this section to provide grants-in-aid or financial assistance in such other forms as the secretary deems to be in the public interest to the authority or any other public instrumentality of the state or any private party developing or operating [related parking facilities] any aspect of the overall project, other than the stadium facility project, as defined in section 27 of [this act] public act 99-241, as amended by this act, upon a finding by the secretary that such grant-in-aid or financial assistance is necessary, in connection with any otherwise authorized revenue bond financing or private investment, to induce the development of such [parking facilities] aspects of the overall project. Such grant-in-aid or financial assistance shall be on such terms as may be established by the secretary, and the secretary is authorized to enter into such commitments and agreements with respect thereto as may be necessary to carry out the purposes of this subsection.

(d) No bonds, notes or other obligations provided for in this section shall be authorized by the State Bond Commission except upon (1) a filing by the secretary with the State Bond Commission of a copy of the master development plan, and (2) a finding by the State Bond Commission that such issuance is in the public interest.

(e) All provisions of section 3-20 and the exercise of any right or power granted thereby which is not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized pursuant to this section and temporary or interim notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed provided no filings required by subdivisions (1) and (2) of subsection (g) of section 3-20 shall be required.

(f) Any balance of proceeds of the sale of such bonds authorized by this section in excess of aggregate project costs shall be used to meet interest and principal amounts as the same become due on [said] such authorized bonds or to defease or redeem such bonds as may be outstanding, or shall be deposited to the General Fund as the Treasurer shall determine.

(g) Net earnings on investment of proceeds, accrued interest and premiums on the issuance of any of such bonds authorized by this section after payment of expenses incurred by the Treasurer in connection with their issuance, if any, and after compliance with applicable federal tax requirements, shall be used to meet interest and principal amounts as the same become due on said authorized bonds.

(h) After [issuance] authorization by the State Bond Commission, all securities of the state issued pursuant to this section shall be conclusively presumed to be fully and duly authorized and issued under the laws of the state. Any person or governmental entity shall be estopped from questioning their authorization, sale, issuance, execution or delivery by the state.

(i) For the purposes of this section "state moneys" means the proceeds of the sale of the bonds authorized pursuant to this section or of temporary or interim notes issued in anticipation of the moneys to be derived from the sale of such bonds. Any federal, private or other moneys then available or thereafter to be made available for project costs of the [related parking facilities] overall project, other than the stadium facility project, as identified by the secretary may be added to any state moneys available or becoming available hereunder for such project costs and be used for the [parking project] overall project, other than the stadium facility project, as if constituting such state moneys, and any other federal, private or other moneys then available or thereafter to be made available for such project costs, if and to the extent from time to time directed by the Treasurer, upon receipt shall, in conformity with applicable federal and state law, be used for the purposes for which such other moneys are received, and otherwise by the Treasurer to meet the principal of outstanding bonds issued pursuant to this section or to meet the principal of temporary or interim notes issued in anticipation of the money to be derived from the sale of such bonds authorized pursuant to public act 99-241*, as amended by this act, for the purpose of financing such project costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to the [parking project] overall project, other than the stadium facility project, are used to meet principal of such temporary or interim notes or whenever principal on any such temporary or interim notes is retired by application of revenue receipts of the state, the amount of such bonds authorized in anticipation of which such temporary or interim notes were issued, and the aggregate amount of such bonds which may be authorized pursuant to this section, shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet the principal as directed in this subsection, the amount thereof may be invested by, or at the direction of, the Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, or in accordance with the provisions of said section 3-20, and shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as said moneys so invested.

Sec. 9. Section 31 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) Except as otherwise limited by sections 26 to 46, inclusive, of [this act] public act 99-241, as amended by this act, the secretary may:

(1) Acquire, by condemnation, gift, purchase, lease, lease-purchase, exchange or otherwise, the real property [for the sportsplex site and the parking facilities site] comprising the Adriaen's Landing site and the stadium facility site and such other real property determined to be necessary by the secretary for off-site infrastructure improvements related to the development of the Adriaen's Landing site or the stadium facility site or for temporary use for construction staging or replacement parking during the period of construction as contemplated by the master development plan;

(2) Select, engage and compensate surveyors, appraisers, engineers, architects and other providers of professional, management, financial or technical services and undertake or arrange for engineering, architectural, environmental, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other activities incidental thereto;

(3) Lease or sublease, as lessor or lessee or sublessor or sublessee, any real property in connection with the [sportsplex project, the parking project or the convention center facilities] overall project and the on-site related private development, including leases or subleases, as lessor or lessee or sublessor or sublessee, of off-site real property in connection with site acquisition arrangements, on terms to be determined by the secretary;

(4) Enter into agreements, pursuant to which the state may be obligated, among other things, to (A) acquire or provide the [sportsplex site and the parking facilities site] stadium facility site, or all or any portion of the Adriaen's Landing site, (B) provide bond proceeds or other state moneys with which to pay project costs, and (C) plan, undertake, perform or otherwise provide for the site preparation, the implementation of the infrastructure [the coordination of public and private facilities for sportsplex and convention center parking] improvements and the development of the overall project, and, upon completion or at such other time determined by the secretary and the authority, transfer to the authority ownership of, and any other rights and obligations of the secretary with respect to the related parking facilities;

(5) Plan, design, develop, construct, finish, furnish, equip, replace, alter, restore, reconstruct, improve or enlarge and enhance the [sportsplex and the parking facilities] overall project and engage in other activities incidental thereto, including the coordination of public and private parking facilities, and, subject to section 32 of [this act] public act 99-241, as amended by this act, enter into such construction, development, project management, construction management, design-build or other types of contracts or arrangements with respect to the [foregoing including] overall project and, subject to the proper allocation of costs, all or any portion of the on-site related private development including provisions with respect to incentive fees for timely completion of improvements at or under budget and such requirements with respect to [guaranteed maximum price] GMP, adherence to the project schedule, assumption of force majeure and completion risk, surety and performance bonding, insurance, letters of credit and financial guarantees and other assurances of performance and completion as the secretary [may] determines to be appropriate in order to assure adherence to the project budget or may otherwise deem prudent, expedient and in the best interests of the state, provided that the development or project management agreement with the project manager shall require that construction contracts for all major elements of the overall project for which the project manager is responsible be awarded on a GMP basis at prices consistent with the project budget;

(6) [Lease, sublease, license] License or manage any [nonevent business areas] retail or commercial areas within the stadium facility and engage in other activities incidental thereto;

(7) Undertake, perform or otherwise provide for stadium facility operations, establish and carry out booking and scheduling policies, marketing and promotional programs and box office and ticketing operations, fix rental, usage, license, event-related and parking fees and charges, enter into lease, license or other agreements [with the university] with respect to [the playing of university home games] university and other events at the [sportsplex] stadium facility and related [events and] uses, which shall give priority in scheduling to university home football games and which may give priority in scheduling to other university-sponsored events, enter into management contracts with respect to the overall management and operation of the [sportsplex and the parking facilities] stadium facility and stadium parking, and enter into other agreements with respect to stadium facility operations including, but not limited to, event leases, licenses or similar arrangements, [rental or use agreements relating to parking spaces in the parking facilities or parking spaces in other parking lots or garages in the vicinity of the convention center or the sportsplex,] the sale of naming rights, ticketing, advertising, media, broadcast, concessions, merchandising, marketing, facility maintenance, common area maintenance, safety, security, utility, service, supply and similar contracts, easements and rights-of-way for stadium facility access, and lease, license, rental or other use agreements for stadium parking, including the parking license agreement with United Technologies Corporation contemplated by section 26 of public act 99-241, as amended by this act, and arrangements for off-site parking and shuttle service, sufficient to satisfy projected peak stadium facility parking demand;

(8) Coordinate the overall project and stadium facility operations with other departments or agencies of the state, any municipality, political subdivision, quasi-public agency, public authority or other public body including, but not limited to, the university, the Metropolitan District Commission and the authority, each of which, notwithstanding any provision of the general statutes, may enter into a written agreement with the secretary and, if necessary, any private party respecting the coordination, funding, performance and completion of such work and activities;

(9) Coordinate the overall project with any developer, private investor, general contractor, construction manager or other participant with respect to all or any part of the on-site related private development, enter into such agreements with such developers, private investors, general contractors, construction managers or other participants as may be necessary or appropriate to facilitate the coordinated development of the overall project and the on-site related private development, including with respect to site assembly, site preparation, common area maintenance and security and similar arrangements, or to secure [the] private investment commitments [required by subsection (a) of section 30 of this act] for related private development, including agreements with respect to the sequence and schedule of public and private investment in the overall project and the on-site related private development.

(10) Arrange for, participate in, pay for or contribute to and procure directly or through the authority or a private entity or private entities, such policy or policies of insurance with respect to the overall project and stadium facility operations as the secretary shall determine is appropriate, necessary or desirable, including, but not limited to an owner-controlled insurance program or an insurance program consolidated in such manner as the secretary, the authority and such private entity and entities determine is appropriate with respect to general liability, environmental liability, professional liability, casualty, property, title, business interruption, business risk, force majeure, completion and other insurable risks including extra expense or other insurance coverages associated with and available for such risks in connection therewith, including in lieu of any of the foregoing such financial guarantees as [maybe] may be available for such risks. The costs of any such insurance program or financial guarantees allocable to any aspect of the [sportsplex project or the parking] overall project are confirmed as within the meaning of project costs;

(11) Make and execute any other contracts and all other instruments necessary or convenient or desirable for the exercise of the powers and functions of the state and coordinate, delegate, implement and complete any or all of the [sportsplex project or the parking] overall project;

(12) Delegate or assign to the authority or any other agency, department or public instrumentality of the state, including any quasi-public agency, such rights, interests, activities, responsibilities and obligations of the secretary as, in the opinion of the secretary, are appropriate, necessary or desirable in order to effectuate the [sportsplex project or the parking project,] overall project or to provide for stadium facility operations;

(13) Accept gifts, grants of funds, property or services for the overall project, stadium facility operations or any aspect thereof from any source, public or private, and comply, subject to the provisions of sections 26 to 46, inclusive, of public act 99-241*, as amended by this act, with the terms and conditions of such gift or grant, provided nothing in sections 26 to 46, inclusive, of public act 99-241, as amended by this act, shall be construed to authorize the expenditure for project costs of the overall project of other state funds not authorized, appropriated or otherwise designated for such purpose pursuant to sections 26 to 46, inclusive, of public act 99-241, as amended by this act, or otherwise identified for such purpose in the master development plan as filed with the clerks of the Senate and the House of Representatives on March 3, 2000, and further provided nothing in said sections 26 to 46, inclusive, shall be construed to authorize the expenditure for project costs of the stadium facility project of any state funds other than those authorized under section 28 of public act 99-241, as amended by this act;

(14) Pay or reimburse the Office of Policy and Management, the authority, the university and other affected state agencies and political subdivisions of the state and any third parties incurring such costs at the request or with the approval of the state as certified by the secretary, for project costs of the [sportsplex or the parking facilities] overall project including, without limitation, preliminary costs [and expenses] arising prior to the effective date of [this act] public act 99-241, as amended by this act, or sections 32 to 37, inclusive, of this act; and

(15) Do any and all other things necessary or convenient to carry out the purposes of and exercise the powers expressly granted pursuant to the secretary under [this act] sections 26 to 46, inclusive, of public act 99-241*, as amended by this act.

(b) The secretary, through the chief elected official of the town of East Hartford, shall establish an ongoing process for community input to the secretary and the stadium facility manager as to matters of local concern relating to the operation of the stadium facility. Such process shall include the establishment of a local advisory committee for the purpose of identifying, discussing and formulating recommendations with respect to ongoing relations between the stadium facility and the town of East Hartford. Such advisory committee shall be chaired by the chief elected official of the town of East Hartford and shall include two residents of the town of East Hartford living in the vicinity of the stadium facility and representatives of the stadium facility manager, the party furnishing the stadium facility site, the police department and the fire department of the town of East Hartford, the Office of Policy and Management and the university. Such advisory committee shall meet as needed as determined by the chief elected official of the town of East Hartford. Members of such advisory committee shall serve without compensation. The agreement with the stadium facility manager shall include such limitations on types of events and hours of operation at the stadium facility as the secretary shall determine to be reasonable and appropriate in light of the public purposes of the stadium facility and the impact of stadium operations on neighboring areas in the town of East Hartford. The secretary shall enter into an agreement with the town of East Hartford and any other affected town providing for the reimbursement of the reasonably determined incremental costs to such towns of additional public safety personnel required prior to, during and following events at the stadium facility as a result of expected crowds, traffic and other event-related activities. Such costs may be allocated by agreement between the secretary and the university and other event sponsors.

(c) The secretary shall designate a stadium facility operations contract compliance officer from the Office of Policy and Management to monitor compliance of the stadium facility operations with the provisions of state law applicable to such operations, including, but not limited to, sections 26 to 46, inclusive, of public act 99-241, as amended by this act, and sections 32- to 38, inclusive, of this act and with applicable requirements of contracts entered into by the secretary, relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n and available and qualified residents of the town of East Hartford and the city of Hartford for jobs in such operations. Such officer shall file, each year during the period of stadium facility operations, a written report with the secretary as to findings and recommendations regarding such compliance.

Sec. 10. Section 32 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) In the exercise of the powers and authority of the secretary pursuant to section 31 of [this act] public act 99-241, as amended by this act, the secretary may utilize private parties, by contract, to carry out the [sportsplex project, the parking project and] overall project and stadium facility operations and otherwise to effectuate the purposes of [this act] sections 26 to 46, inclusive, of public act 99-241*, as amended by this act. [, provided the state or a public instrumentality thereof, in the exercise of a governmental function, shall be and remain the owner of the sportsplex and all furniture, fixtures, equipment and other appurtenances purchased as an integral part thereof with the proceeds of bonds, other state moneys or moneys from the Hartford sportsplex capital replacement account, including having title to such real and personal property in the name of the state or a public instrumentality thereof.] The terms and conditions of such contracts shall be determined by the secretary, as shall the fees or other similar compensation to be paid to such private parties, provided that such contracts shall be structured or contain such terms and conditions as will enable the secretary to retain overall supervision and control of the [sportsplex and] stadium facility and stadium facility operations. [In no event shall any such contract result in any transfer by the secretary of control over naming rights with respect to the sportsplex. The prime] The secretary shall require, in connection with the development by or pursuant to agreement with the secretary of any aspect of the overall project or the on-site related private development, that each prime construction contractor shall either comply with the prevailing wage laws or enter into a project labor agreement [. The prime contractor and the facility manager] and shall make reasonable efforts to hire or cause to be hired [available and qualified residents of the city of Hartford and] (1) in the case of the stadium facility project, available and qualified residents of the town of East Hartford and the city of Hartford, and available and qualified members of minorities, as defined in section 32-9n, for construction [and operation jobs at the sportsplex and the related parking facilities at all levels of construction and facility operations] jobs at all levels of construction activity, and (2) in the case of all other aspects of the overall project and the on-site related private development, available and qualified residents of the city of Hartford and available and qualified members of minorities, as defined in section 32-9n. The secretary shall require, in connection with stadium facility operations, that the stadium facility manager shall make reasonable efforts to hire or cause to be hired available and qualified residents of the town of East Hartford and the city of Hartford and available and qualified members of minorities, as defined in section 32-9n, for operations jobs at the stadium facility at all levels of stadium facility operations. Contracts entered into by the secretary with respect to the [sportsplex project, the parking project or] overall project, the on-site related private development or stadium facility operations or otherwise pursuant to the powers and authority by the secretary under section 31 of [this act] public act 99-241, as amended by this act, shall not be subject to the approval of any other state department, office or agency except as otherwise provided in [this act] sections 26 to 46, inclusive, of public act 99-241*, as amended by this act. Copies of all such contracts shall be maintained by the secretary as public records, subject to the proprietary rights of any party to the contract. Nothing in this section shall be deemed to restrict the discretion of the secretary to use the staff and work force of the Office of Policy and Management or of other available state departments, offices or agencies for the performance of any of [his] the secretary's responsibilities and functions whenever, in [his] the secretary's discretion, it is necessary, convenient or desirable to do so. Notwithstanding any provision of this subsection, the state or a public instrumentality thereof, in the exercise of a governmental function, shall be and remain the owner of the stadium facility and all furniture, fixtures, equipment and other appurtenances purchased as an integral part thereof with the proceeds of bonds, other state moneys or moneys from the stadium facility capital replacement account, including having title to such real and personal property in the name of the state or a public instrumentality thereof.

(b) The provisions of sections 4-212 to 4-219, inclusive, regarding the award of personal service agreements through competitive negotiation shall be applicable to all contracts and agreements for professional, technical, consulting, financial or management services entered into by the secretary in connection with the overall project and stadium facility operations, including contracts with the design professional and the stadium facility manager and any other contracts and agreements entered into by the secretary with respect to the planning, design, feasibility or permitting of any aspect of the overall project, the management of site [assembly] acquisition or site preparation, or the management of, or provision of services in connection with, stadium facility operations. For purposes of this section, all such contracts and agreements shall be deemed to be personal service agreements for purposes of sections 4-212 to 4-219, inclusive, without regard to whether or not such contracts and agreements relate to contractual services, as defined in section 4a-50.

(c) Notwithstanding any provision of the general statutes applicable to a state facility or public works project to the contrary, the secretary may select [the prime] any prime construction contractor on a negotiated basis, provided that the secretary shall invite not less than three qualified general contractors or construction managers with current construction experience with major projects of comparable scope to submit proposals to act as a prime construction contractor, which invitation may include minimum requirements established by the secretary pursuant to subdivision (5) of section 31 of [this act] public act 99-241, as amended by this act.

(d) Notwithstanding any provision of the general statutes applicable to a state facility or public works project to the contrary, except as otherwise provided in subsection (c) of this section, all construction contracts entered into by the secretary with respect to the [sportsplex and the parking facilities] overall project shall be entered into on an open-bid or negotiated basis, except that in the discretion of the secretary, where the estimated expense of any such construction contract is more than one hundred thousand dollars, the secretary may determine that selection of a contractor for a particular construction contract through the prequalification and public letting process provided for in subsection (e) of this section is warranted, is expected to be cost effective and is in the public interest of the state.

(e) (1) With respect to any construction contract that is to be publicly let pursuant to subsection (d) of this section, the secretary shall identify a list of potentially responsible qualified bidders for the particular contract, to which list the secretary may add additional names. Thereafter, the secretary 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 secretary shall deem appropriate and a statement of the time and place where the responses shall be received. Upon receipt of such responses, the secretary 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 secretary 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 which shall be approved by the secretary and included in the request for prequalification with respect to such contract. In lieu of such prequalification process, the secretary may deem to be prequalified those bidders listed on any list of qualified bidders maintained by the Department of Public Works or the Department of Transportation if the secretary determines that such list is appropriate in light of the scope and type of contract to be let.

(2) The secretary 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. At the time and place as set forth in the notice, the secretary shall publicly open and read the bids. The secretary shall not award any construction contract after public letting except to the responsible qualified bidder submitting the lowest bid and in compliance with the bid requirements. The secretary may, however, waive any informality in a bid, and may either reject all bids and again advertise for bids, or, enter into such construction contract on a negotiated basis.

(3) The invitation to bid and the construction contract awarded shall contain such other terms and conditions, and such provisions for penalties, as the secretary may deem appropriate.

(f) Any other agency or department of the state undertaking work related to the overall project, including work pursuant to subdivision (8) or (12) of section 31 of public act 99-241, as amended by this act, may select and engage professionals, consultants and contractors in the same manner as provided in section 32 of public act 99-241, as amended by this act, in the case of the secretary, notwithstanding any provision of the general statutes.

(g) The naming rights with respect to the stadium facility shall be subject to the control of the secretary, provided the secretary is authorized to enter into an agreement with the party furnishing the stadium facility site which agreement provides (1) that for a period not in excess of fifteen years from the date of the first event at the stadium facility the secretary shall agree not to offer such naming rights for commercial or other purposes and that the stadium facility shall be known as "Rentschler Field" to commemorate the seventy-five-year history of Pratt and Whitney Aircraft Company and its founder, Frederick B. Rentschler, (2) for a donation by such party to the secretary of two million dollars for use by the secretary for any traffic and road improvement in the vicinity of the stadium facility deemed necessary or desirable by the secretary to facilitate stadium facility operations, (3) if, at the expiration of the period of fifteen years referred to in subdivision (1) of this subsection, the secretary offers the naming rights with respect to the stadium facility for commercial or other purposes (A) such party shall have a right of first refusal with respect to the purchase of such naming rights, (B) the naming rights shall be offered on the condition that the name of the stadium shall include the phrase "at Rentschler Field" following the name selected, and (C) such party shall have a right to approve any name selected, such approval not to be unreasonably withheld or delayed.

(h) Subject to the limitations of any agreement with the party furnishing the stadium facility site entered into pursuant to subsection (g) of this section, at such time as the secretary is permitted by such agreement to offer the naming rights with respect to the stadium facility for commercial or other purposes, the secretary is authorized to offer and sell such naming rights on the basis of a request for proposals and a process of competitive negotiation, subject to the advice of bond counsel to the state with respect to any private activity or similar restrictions that would result in an event of taxability with respect to any bonds issued or to be issued on a tax-exempt basis.

(i) The secretary and the authority shall jointly select and appoint an independent construction contract compliance officer or agent, which may be an officer or agency of a political subdivision of the state, other than the authority, or a private consultant experienced in similar public contract compliance matters, to monitor compliance by the secretary, the authority, the project manager and each prime construction contractor with the provisions of applicable state law, including sections 1 to 37, inclusive, of this act, and with applicable requirements of contracts with the secretary or the authority, relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities and available and qualified residents of the city of Hartford and the town of East Hartford for construction jobs with respect to the overall project and the on-site related private development. Such independent contract compliance officer or agent shall file a written report of his or her findings and recommendations with the secretary and the authority each quarter during the period of project development.

Sec. 11. Section 33 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) The secretary shall prepare each fiscal year an annual operating and capital [budgets] budget for the [sportsplex and the parking facilities] stadium facility and shall submit [copies] a copy of such [budgets] budget to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations.

(b) The secretary is authorized to establish with the Treasurer and administer a separate nonlapsing enterprise fund to be known as the ["Hartford Sportsplex Enterprise Fund"] "Stadium Facility Enterprise Fund". All revenues received by the secretary with respect to the use, operation and management of the [sportsplex or the parking facilities,] stadium facility, including revenues from stadium parking and the sale of naming rights and including any General Fund appropriation or other moneys received from federal, state, municipal and private sources, other than the amount made available to the secretary by United Technologies Corporation for traffic and road improvements pursuant to the authority granted in subsection (g) of section 32 of public act 99-241, as amended by this act, shall be deposited with the Treasurer to the credit of such fund. The secretary is authorized to pay, and the resources of such fund shall be available for and applied to, the costs and expenses of stadium facility operations. Such payments shall be made by the Treasurer on warrants issued by the Comptroller, upon order of the secretary or a designee.

(c) A capital replacement reserve subaccount shall be established within the [Hartford Sportsplex] Stadium Facility Enterprise Fund, to be known as the ["Hartford sportsplex] "stadium facility capital replacement account". Any surplus remaining in the [Hartford Sportsplex] Stadium Facility Enterprise Fund at the end of any fiscal year, to the extent not required, in the judgment of the secretary, to be reserved for the purpose of deferred maintenance or repairs, the addition or replacement of furniture, fixtures and equipment, working capital, or the funding of projected operating deficits or similar contingencies, shall be transferred to the [Hartford sportsplex] stadium facility capital replacement account. Moneys in the [Hartford sportsplex] stadium facility capital replacement account shall be available and used for the costs of capital replacements, restorations, alterations, improvements, additions and enhancements to the [sportsplex and the parking facilities] stadium facility, including the costs of maintenance and repairs for which funds are not otherwise available in the [Hartford Sportsplex] Stadium Facility Enterprise Fund. Requisition and payment from the [Hartford sportsplex] stadium facility capital replacement account shall be in accordance with the procedures established [above] in subsection (b) of this section with respect to the [Hartford Sportsplex] Stadium Facility Enterprise Fund generally, except that the order of the secretary with respect thereto shall include a certification that the costs for which payment is requested are capital costs in accordance with the current capital budget or are capital costs not anticipated in the current capital budget but necessary in order to repair, restore or reconstruct the [sportsplex and the parking facilities] stadium facility following a casualty loss, to preserve the structural integrity of the [sportsplex or the parking facilities] stadium facility, to protect public health or safety, or to avoid an interruption in stadium facility operations.

(d) Notwithstanding the [foregoing] provisions of this subsection, the secretary is authorized to enter into agreements including, but not limited to, lease, license, management, marketing, ticketing, merchandising or concession agreements, which provide for the collection, retention or sharing of facility revenues by the university, the authority or other public or private entities, provided [that] (1) such arrangements are not inconsistent in any material respect with the operating budget, are otherwise on terms not materially less favorable to the state than the terms customary in the industry for similar facilities and arrangements, except in the case of the university or the authority to the extent otherwise contemplated in the master development plan, and (2) such arrangements do not result in private business use of the [sportsplex or the parking facilities] stadium facility for purposes of Section 141(b) of the Internal Revenue Code to an extent that would result in an event of taxability with respect to any bonds issued on a tax-exempt basis.

Sec. 12. Section 35 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) The secretary may take all or a portion of the real property [in the capital city economic development district for use as the sportsplex site and the parking facilities site, including all such] comprising the Adriaen's Landing site, and such off-site real property as may be determined by the secretary to be necessary to implement related infrastructure improvements. The owner or owners of such real property shall be paid by the state for all damages, and the state shall receive from such owner the amount or value of all benefits, resulting from such taking or [construction] development of the [sportsplex and the parking facilities] Adriaen's Landing site, including related site preparation and infrastructure improvements. The assessment of such damages and of such benefits shall be made by the secretary and filed by the secretary with the clerk of the superior court for the judicial district in which the real property is located. The assessment shall include the name and address of each person having an interest of record in the property. The clerk shall give notice of such assessment to each person having an interest of record in the property by mailing to each a copy of the same, postage prepaid. No entry fee shall be charged for the filing of such assessments. At any time after such assessment has been made by the secretary, the physical construction of the [sportsplex and the] convention center, the related parking facilities, the on-site related private development and related site preparation and infrastructure improvements may be started.

(b) If notice cannot be given to any person entitled to such notice because such person's whereabouts or existence is unknown, notice may be given by publishing a notice at least twice in a newspaper published in said judicial district and having a daily or weekly circulation in the town and city of Hartford. Any such published notice shall state that it is a notice to the last owner of record or such person's surviving spouse, heirs, administrators, assigns, representatives or creditors, if such person is deceased, and shall contain a brief description of the property taken. Notice shall also be given by mailing to each such person at such person's last-known address, by registered or certified mail, a copy of such notice. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be filed with the clerk of the superior court and accepted in lieu of service of such notice by mailing the same to the last-known address of such person.

(c) Upon filing an assessment with the clerk of the superior court, the secretary shall forthwith sign and file for record with the town clerk of the town and city of Hartford, a certificate setting forth the fact of such taking, a description of the real property so taken and the names and residences of the owners from whom it was taken. Upon the filing of such certificate, title to such real property in fee simple shall vest in the state, except that, if it is so specified in such certificate, a lesser estate, interest or right shall vest in the state. The secretary shall permit the last owner of record of such real property upon which a residence is situated to remain in such residence, rent free, for a period of one hundred twenty days after the filing of such certificate.

(d) The secretary may purchase any real property and take a deed thereof in the name of the state when such real property is needed, in the secretary's opinion, in connection with the construction of the [sportsplex, the] convention center, the related parking facilities, the on-site related private development or related site preparation and infrastructure improvements, provided any purchase price for any of such real property in an amount in excess of the sum of fifteen thousand dollars shall be approved by a state referee. The secretary, with the advice and consent of the Attorney General, may settle and compromise any claim by any person, claiming to be aggrieved by such construction, by the payment of money or the transfer of other real property [acquired for or in connection with the sportsplex and the parking facilities] available for such purpose.

(e) The secretary may take or purchase real property abutting or near the [convention center site, the sportsplex site, the parking facilities] Adriaen's Landing site or any related infrastructure improvements for the purpose of protecting the functional characteristics of the convention center, [the sportsplex or] the related parking facilities or the on-site related private development or such infrastructure improvements or to protect public safety or to implement such infrastructure improvements and may take or purchase any public service facility on or off the [convention center site, the sportsplex site or the parking facilities] Adriaen's Landing site to the extent determined by the secretary to be necessary in the public interest to insure that no interruption in service results from any removal or relocation from the [sportsplex site or the parking facility] Adriaen's Landing site of any generation plant or other integral component of any such public service facility, in each case without regard to any other existing public use of such property. Such taking or purchase shall be in the same manner and with like powers as authorized and exercised by the secretary in taking or purchasing real property for the [sportsplex and the parking facilities] Adriaen's Landing site. In the event of any such taking or purchase of a public service facility, the secretary may sell such public service facility to, or make such other arrangements for the use and operation of such public service facility by, any qualified private or public entity, including the Connecticut Resource Recovery Authority, on such terms as the secretary determines to be in the public interest.

(f) As used in [this act] sections 26 to 46, inclusive, of public act 99-241*, as amended by this act, "public service facility" means all privately, publicly or cooperatively owned lines, facilities and systems, and related real property interests, for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, including heated or chilled water, steam, waste, storm water not connected with highway drainage and any other similar commodities, including fire and police signal systems and street lighting systems which directly or indirectly serve the public. Whenever the secretary determines that the construction or reconstruction of the convention center, [the sportsplex or] the related parking facilities or the on-site related private development or related site preparation and infrastructure improvements necessitates the readjustment or relocation of any public service facility located within, on, along, over or under any land comprising the right-of-way of a state highway or any other public highway within, or removal of any such public service facility from, such right-of-way, the secretary shall issue an appropriate order to the company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall readjust, relocate or remove the same promptly in accordance with such order; provided an equitable share of the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility of equal capacity in a new location, shall be borne by the state. Such equitable share, in the case of or in connection with the construction or reconstruction of the convention center; [, the sportsplex] or the related parking facilities [,] shall be the entire cost, less the deductions as provided in this subsection. In establishing the equitable share of the cost to be borne by the state, there shall be deducted from the cost of the readjusted, relocated or removed public service facilities a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original public service facility and the unexpired term of such life use. When any public service facility is removed from the right-of-way of a public highway to a private right-of-way, the state shall not pay for such private right-of-way, provided, when a municipally-owned public service facility is thus removed from a municipally-owned highway, the state shall pay for the private right-of-way needed by the municipality for such relocation. If the secretary and the company, corporation or municipality owning or operating such public service facility cannot agree upon the share of the cost to be borne by the state, either may apply to the superior court for the judicial district within which such facility is situated for a determination of the cost to be borne by the state, and said court or such judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a trial referee to make such determination. Such trial referee, having given at least ten days' notice to the parties interested of the time and place of the hearing, shall hear both parties, shall view such facility, shall take such testimony as such trial referee deems material and shall thereupon determine the amount of the cost to be borne by the state. Such determination shall, subject to right of appeal as in civil actions, be conclusive upon both parties.

(g) Notwithstanding any provision of the general statutes, when the secretary finds it necessary that real property, the title to which is in the state or any municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity and which is under the custody and control of any state department, commission or institution, municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity, be taken for the purpose of constructing the convention center, [the sportsplex or the parking facilities] the related parking facilities, the on-site related private development or related site preparation and infrastructure improvements, the secretary shall present a petition to such an entity having custody and control of such real property that custody of the real property be transferred to the secretary or the authority and such entity shall transfer the custody and control of such real property to the secretary or the authority for the purposes required.

(h) The secretary or an agent may enter upon private real property for the purpose of conducting surveys, inspections, appraisals, or environmental and geological investigations for the location or construction of the convention center, [the sportsplex and the parking facilities] the related parking facilities, the on-site related private development or related site preparation and infrastructure improvements. After giving reasonable notice to the real property owner or owners affected, the secretary or an agent may also enter such property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to the [sportsplex or the parking facilities] convention center, the related parking facilities, the on-site related private development or related site preparation or infrastructure improvements. The secretary or an agent shall use care so that no unnecessary damage shall result and the state shall pay damages to the owner of any real property for any damage or injury the secretary causes such owner by such entrance and use. If entry to any real property for the purpose of performing borings, soundings or other tests is refused to the secretary or an agent after the secretary has given reasonable notice to the owner or owners thereof, the secretary shall assess damages in the manner provided by this section and, at any time after such assessment has been made by said secretary, may enter said property for the purpose of performing borings, soundings or other tests. If the real property owner accepts such assessment of damages, such owner shall notify the secretary in writing, and said secretary shall pay such sum to said real property owner within thirty days or, after the expiration of said thirty days, shall pay such sum with interest at six per cent. If the real property owner is aggrieved by such assessment such owner shall notify the secretary in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said secretary forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by the general statutes.

Sec. 13. Section 37 of public act 99-241 is repealed and the following is substituted in lieu thereof:

Any real property owner claiming to be aggrieved by the assessment of such damages or such benefits by the [Secretary of the Office of Policy and Management] secretary may, not later than six months after the same has been filed, apply to the superior court for the judicial district in which such real property is located for a reassessment of such damages or such benefits so far as the same affect such applicant, and said court, after causing notice of the pendency of such application to be given to said secretary, shall appoint a trial referee to make such reassessment of such damages or such benefits. Such trial referee, having given at least ten days' notice to the parties interested of the time and place of hearing, shall hear the applicant and said secretary, shall view the real property and take such testimony as the trial referee deems material and shall thereupon reassess such damages and benefits so far as they affect the applicant. If the amount of the reassessment of such damages awarded to any such property owner exceeds the amount of the assessment of such damages by the secretary for the real property, the trial referee shall award to the property owner such appraisal fees as the trial referee determines to be reasonable. If no appeal to the Appellate Court is filed within the time allowed by law, or if one is filed and the proceedings have terminated in a final judgment finding the amount due the real property owner, the clerk shall send a certified copy of the assessment of the secretary and of the judgment to the Comptroller, who shall, upon receipt thereof, draw an order on the Treasurer in favor of the real property owner for the amount due such owner as damages. The pendency of any such application for reassessment shall not prevent or delay the construction of the [sportsplex and the parking facilities] convention center, the related parking facilities, the on-site related private development or related site preparation or infrastructure improvements. As used in this section and sections 35 and 36 of [this act] public act 99-241, as amended by this act, "trial referee" means a referee appointed pursuant to subdivision (1) or (2) of subsection (a) of section 52-434 and designated a trial referee pursuant to subsection (b) of said section 52-434.

Sec. 14. Section 38 of public act 99-241 is repealed and the following is substituted in lieu thereof:

In any appeal to the Superior Court taken under and by virtue of sections 35 to 40, inclusive, of [this act] public act 99-241, as amended by this act, when the appellant obtains an award from the court greater than that awarded by the Secretary of the Office of Policy and Management, court costs shall be awarded the appellant and taxed against the state in addition to the amount fixed by the judgment.

Sec. 15. Subsection (b) of section 39 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(b) The provisions of this section, subsections (a) to (c), inclusive, of section 35 of [this act] public act 99-241, as amended by this act, and sections 37 and 38 of [this act] public act 99-241, as amended by this act, shall not apply in the case of any construction of the [sportsplex or the parking facilties] convention center, the related parking facilities, the on-site related private development or related site preparation or infrastructure improvements for which the town and city of Hartford is liable to pay to the owner any damages or to receive from the owner any benefits except as provided in sections 35 to 40, inclusive, of [this act] public act 99-241, as amended by this act.

Sec. 16. Section 40 of public act 99-241 is repealed and the following is substituted in lieu thereof:

When the [Secretary of the Office of Policy and Management] secretary desires to take property [for the sportsplex or the parking facilities] comprising all or a part of the Adriaen's Landing site and has entered into an agreement to purchase at a stipulated amount any real property with the owner or owners thereof and the amount agreed to be paid for such real property or interest is not paid within ninety days from the date when the owner or owners of such property file with the secretary a notice in writing of acceptance of such agreement, interest at four per cent per annum shall be paid on such amount by the state unless the property owner fails to furnish clear title within such ninety-day period. Such interest shall commence to accrue at the end of such ninety-day period, whether or not an assessment has been filed as provided in subsection (a) of section 35 of [this act] public act 99-241, as amended by this act. Whenever the state enters into possession of real property being condemned prior to the date of execution of such an agreement, such interest shall commence to accrue from the date of actual taking of possession by the state.

Sec. 17. Subsections (j), (k) and (l) of section 41 of public act 99-241 are repealed and the following is substituted in lieu thereof:

(j) The Capital City Economic Development Authority shall be considered the state agency responsible for preparing the written evaluation of the impact of the [overall project] convention center project and the parking project on the environment, and the Office of Policy and Management shall be responsible for preparing the written evaluation of the impact of the stadium facility project on the environment, in accordance with the requirements set forth in section 22a-1b and the regulations adopted thereunder. The scope of each such written evaluation shall include each related activity, facility or project which the authority or the Office of Policy and Management, respectively, determines should be considered part of the same sequence of planned activities as the [sportsplex project, the] convention center project, [and] the parking project or the stadium facility project, as the case may be, for purposes of section 22a-1c, including any [hotel] housing, retail, entertainment, recreation, [housing or parking] office, parking or hotel project or facility proposed to be integrated with or developed or used in conjunction with the [sportsplex] stadium facility or the convention center, and any public service facility proposed to be constructed or relocated, either on or off the [sportsplex site, the parking facilities site or the convention center] Adriaen's Landing site, as a result of or in connection with the overall project. The authority is authorized to assist the city of Hartford in the preparation and processing of any environmental impact statement with respect to such sequence of planned activities or any part thereof required to be undertaken by the city of Hartford on behalf of any federal agency under the National Environmental Policy Act, and the Office of Policy and Management is authorized to assist the town of East Hartford in the preparation and processing of any environmental impact statement with respect to such sequence of planned activities or any part thereof required to be undertaken by the town of East Hartford on behalf of any federal agency under the National Environmental Policy Act. Such assistance may include the expansion of the scope of the environmental evaluation undertaken by the authority or the Office of Policy and Management to the extent necessary to satisfy the requirements of the National Environmental Policy Act and assistance with such additional procedural requirements as may pertain thereto. The authority, [and] the city of Hartford, [may enter into a memorandum] the Office of Policy and Management and the town of East Hartford may enter into memoranda of understanding with respect to such assistance, which may include [provision] provisions for an appropriate allocation of any additional costs incurred by the authority or the Office of Policy and Management, respectively, in connection therewith. To the extent that any activity, facility or project of any other public or private entity is included in any environmental evaluation undertaken by the authority, [the authority] or the Office of Policy and Management, the authority or the Office of Policy and Management, as the case may be, shall be entitled to receive payment or reimbursement of such entity's allocable share of the costs incurred by the authority or the Office of Policy and Management, respectively, in connection therewith. [Such evaluation] Each such evaluation shall include a description of the permits, licenses or other approvals required from the Commissioner of Environmental Protection for the overall project. The authority and the Office of Policy and Management, as the case may be, shall submit [such evaluation] their evaluations and a summary thereof, including any negative findings to the Commissioner of Environmental Protection and the secretary and shall make the [evaluation and summary] evaluations and summaries available to the public for inspection and comment at the same time. Notwithstanding the regulations adopted pursuant to section 22a-1a, the authority and the Office of Policy and Management each shall hold a public hearing on [the] its evaluation and shall publish notice of the availability of [such] its evaluation and summary in a newspaper of general circulation in the city of Hartford and, with respect to the stadium facility project, the town of East Hartford not less than fourteen calendar days before the date of such hearing. Any person may comment at the public hearing or in writing not later than the second day following the close of the public hearing. All public comments received by the authority and the Office of Policy and Management, as the case may be, shall be promptly forwarded to the Commissioner of Environmental Protection and the secretary and shall be made available for public inspection. Nothing in subsection (b) of section 22a-1 shall be deemed to require that any such written evaluation of environmental impact be completed prior to the award of contracts, the incurrence of obligations or the expenditure of funds in connection with the acquisition of the [sportsplex site, the parking facilities site or the convention center] Adriaen's Landing site or the stadium facility site, planning and engineering studies for site preparation or preliminary site preparation work not requiring permits or approvals not yet obtained, or the planning and design of the [sportsplex] stadium facility and the related parking facilities or the convention center. Nothing in this section shall be deemed to require that applications for licenses, permits, approvals or other administrative action in connection with all aspects of the overall project be submitted or acted upon at the same time if not otherwise required by law.

(k) The secretary shall review the [evaluation] evaluations, together with the comments thereon, and shall make a written determination as to whether such [evaluation satisfies] evaluations satisfy the requirements of sections 22a-1a to 22a-1c, inclusive, which determination shall be made public and forwarded to the authority no later than ten days after the close of the hearing. The secretary may require the revision of [the] either evaluation if the secretary finds that the evaluation is inadequate. In making a determination, the secretary shall take into account all public and agency comments.

(l) In exercising jurisdiction over any license, permit or approval required in connection with the overall project, the Commissioner of Environmental Protection shall take into consideration all public comments received in connection with the [evaluation] evaluations submitted by the authority or the Office of Policy and Management, as the case may be, pursuant to subsection (j) of this section if and to the extent available at such time and shall make written findings with respect to any such comments which are relevant to the issuance or denial of any such license or permit or the grant or denial of any such approval. For applications to the Commissioner of Environmental Protection requiring a public hearing and to the extent practicable in light of the development schedule for the overall project, there shall be a single submission date. The Commissioner of Environmental Protection shall adopt a master administrative process for any licenses, permits or approvals or administrative actions which would otherwise have required a public hearing pursuant to statute or regulation, which, to the extent practicable in light of the development schedule for the overall project, shall include a single public hearing for the convention center project and the parking project, and a single public hearing for the stadium facility project. Any such public hearing shall be limited to considering issues or factors not included in the related environmental evaluation. The provisions of subsection (d) of this section regarding deadlines for administrative action shall not apply to any license or permit issued or any approval granted by the Commissioner of Environmental Protection. The Commissioner of Environmental Protection shall issue a notice of sufficiency concerning the completeness of any application within fourteen days of receipt. The master process shall provide for department review, public comment and the holding of a public hearing within thirty days of the notice of sufficiency. The commissioner shall have thirty days from the close of [the] a public hearing to issue a decision. For licenses, permits, approvals and administrative actions not requiring a public hearing, the Commissioner of Environmental Protection may issue a decision or take administrative action at any time as may otherwise be permitted by applicable laws and regulations, but in no event later than thirty days following the completion of any public hearing relating to the same aspect of the overall project.

Sec. 18. Section 42 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) [The] Except as otherwise provided in sections 26 to 46, inclusive, of public act 99-241, as amended by this act, the following provisions of the general statutes, including regulations adopted thereunder, shall not apply to the [sportsplex project and the parking] overall project: [Sections] Section 3-14b, [4-61,] subdivisions (12), (13) and (14) of section 4-166, sections 4-167 to 4-174, inclusive, 4-181a, 4a-1 to 4a-59a, inclusive, 4a-63 to 4a-76, inclusive, title 4b, [and] section 16a-31, [except as otherwise provided in this act. The following provisions of the general statutes, including regulations promulgated thereunder, shall not apply to the overall project: Chapters] chapters 97a, 124 and 126, sections 14-311 to 14-314c, inclusive, 19a-37, 22a-16 and subsection (a) of section 22a-19. For the purposes of section 22a-12, construction plans relating to the [sportsplex project and the parking] overall project shall not be considered construction plans required to be submitted by state agencies to the Council on Environmental Quality. Notwithstanding any provision of any special act, charter, ordinance, home rule ordinance or chapter 98 of the general statutes no provision of any such act, charter or ordinance or said chapter 98, concerning licenses, permits or approvals by a political subdivision of the state pertaining to building demolition or construction shall apply to the overall project and, notwithstanding any provision of the general statutes, the State Building Inspector and the State Fire Marshal shall have original jurisdiction with respect to the administration and enforcement of the State Building Code and the State Fire Safety Code, respectively, with respect to all aspects of the overall project, including, without limitation, the conduct of necessary reviews and inspections and the issuance of any building permit, certificate of occupancy or other necessary permits or certificates related to building construction, occupancy or fire safety. [The provisions of section 4-61 of the general statutes shall not apply to the sportsplex project and the parking project.] For the purposes of part III of chapter 557 of the general statutes, the [sportsplex] stadium facility project, the convention center project and the parking project shall be deemed to be a public works project and consist of public buildings except that the provisions relating to payment of prevailing wages to workers in connection with a public works project including, but not limited to, section 31-53 shall not apply to the [sportsplex] stadium facility project, the convention center project and the parking project if the [prime] project manager or the prime construction contractor has negotiated other wage terms pursuant to a project labor agreement. The provisions of section 2-32c and subsection (c) of section 2-79a of the general statutes shall not apply to any provisions of [this act] public act 99-241*, as amended by this act, or chapter 588x of the general statutes concerning the overall project. Any building permit application with respect to the [sportsplex or related parking facilities] overall project shall be exempt from the assessment of an education fee under subsection (b) of section 29-252a.

(b) [As state-owned facilities, the] The operation of the [sportsplex and the] convention center, the stadium facility and the related parking facilities shall be subject to [such] applicable ordinances, laws or regulations [as are applicable] relating to [a state facility] state facilities, provided the operation of the [sportsplex] convention center, stadium facility and the related parking facilities shall not be subject to the following provisions of the general statutes, including any regulations adopted thereunder: Sections 4a-1 to 4a-59a, inclusive, title 4b, chapter 97a, and sections 10-303 and 14-311 to 14-314c, inclusive. For the purposes of subsection (g) of section 22a-68, the activities at the [sportsplex] stadium facility shall be deemed sanctioned by the state.

Sec. 19. Section 43 of public act 99-241 is repealed and the following is substituted in lieu thereof:

[Notwithstanding any provision of the general statutes, the convention center, the sportsplex, the parking facilities, the convention center site, the sportsplex site, the parking facilities site, and any leasehold interest in said facilities and sites shall be exempt from real property taxation and assessment by the municipalities in which such facilities and sites are located, including sections 12-19a and 12-19b which provides for grants in lieu of taxes on state-owned property. Notwithstanding the foregoing, on or before January first, annually, the owner or lessee of the convention center hotel, if located on the convention center site or other state-owned property, and of each nonevent business area, except any such owner or lessee that would otherwise be exempt from municipal real property taxation with respect to such use under section 12-81 shall pay as a payment in lieu of taxes, to the municipality in which such convention center hotel and nonevent business areas are located, the amount equal to the total of one hundred per cent of the real property taxes which would have been paid with respect to such convention center hotel or nonevent business area, as the case may be, if such hotel or area were treated as a separately assessable parcel of real property not subject to exemption as state-owned property.]

Any land on the Adriaen's Landing site leased by the secretary for purposes of site acquisition from the party owning such land on the effective date of this act for an initial term of at least ninety-nine years shall, while such lease remains in effect, be deemed to be state-owned real property for purposes of sections 12-19a and 12-19b and subdivision (2) of section 12-81 and the state shall make grants in lieu of taxes with respect to such land to the municipality in which the same is located as otherwise provided in sections 12-19a and 12-19b.

Sec. 20. (NEW) No officer or employee of the state executing any agreement with respect to all or any portion of the overall project or stadium facility operations, or otherwise pursuant to sections 36 to 46, inclusive, of public act 99-241, as amended by this act, shall be liable personally or be subject to any personal liability or accountability under such agreement. The state shall protect, save, hold harmless and indemnify such officer and employee of the state against any and all financial loss or expense therefor including, without limitation, any legal expenses related thereto by reason of the execution thereof.

Sec. 21. Section 46 of public act 99-241 is repealed and the following is substituted in lieu thereof:

Sections 26 to 45, inclusive, of [this act] public act 99-241, as amended by this act, and section 39 of public act 98-1 of the December special session*, as amended by public act 99-241 and this act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed, so as to effect their purposes. In connection with the overall project and stadium facility operations, the secretary, the Treasurer, the Comptroller, the authority, the project manager, the prime construction contractor, the stadium facility manager and all other persons shall be governed by [this act] public act 99-241**, as amended by this act, and chapter 588x, which shall control in the event of any inconsistency between [this act] public act 99-241**, as amended by this act and chapter 588x and any other public or special act of the state or any agreement.

Sec. 22. Subdivision (1) of section 12-412 of the general statutes, as amended by section 54 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(1) (A) Sales of tangible personal property or services to the United States, the state of Connecticut or any of the political subdivisions thereof, or its or their respective agencies; (B) sales of tangible personal property or services used to develop property which the state of Connecticut is under contract to purchase through a long-term financing contract; (C) sales and use of any services or tangible personal property to be incorporated into or used or otherwise consumed in (i) the demolition, remediation or preparation of the [convention center site, the sportsplex site and the parking facilities site] Adriaen's Landing site and the stadium facility site for purposes of the overall project, each as defined in section 27 of [this act] public act 99-241, as amended by this act, (ii) the construction of the convention center, the [sportsplex] stadium facility and the related parking facilities and site preparation and infrastructure improvements, each as defined in section 27 of [this act] public act 99-241, as amended by this act, or (iii) the construction of any future capital improvement to the convention center, the [sportsplex] stadium facility or the related parking facilities.

Sec. 23. Subsection (a) of section 12-498 of the general statutes, as amended by section 1 of public act 99-231 and section 55 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(a) The tax imposed by section 12-494 shall not apply to: (1) Deeds which this state is prohibited from taxing under the constitution or laws of the United States; (2) deeds which secure a debt or other obligation; (3) deeds to which this state or any of its political subdivisions or its or their respective agencies is a party; (4) tax deeds; (5) deeds of release of property which is security for a debt or other obligation; (6) deeds of partition; (7) deeds made pursuant to mergers of corporations; (8) deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock; (9) deeds made pursuant to a decree of the Superior Court under section 46b-81, 49-24 or 52-495; (10) deeds, when the consideration for the interest or property conveyed is less than two thousand dollars; (11) deeds between affiliated corporations, provided both of such corporations are exempt from taxation pursuant to paragraph (2), (3) or (25) of Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; (12) deeds made by a corporation which is exempt from taxation pursuant to paragraph (3) of Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, to any corporation which is exempt from taxation pursuant to said paragraph (3) of said Section 501(c); (13) deeds made to any nonprofit organization which is organized for the purpose of holding undeveloped land in trust for conservation or recreation purposes; (14) deeds between spouses; (15) deeds of property for the [convention center site, the sportsplex site or the parking facilities site] Adriaen's Landing site or the stadium facility site, for purposes of the overall project, each as defined in section 27 of [this act] public act 99-241, as amended by this act; (16) land transfers made on or after July 1, 1998, to a water company, as defined in section 16-1, provided the land is classified as class I or class II land, as defined in section 25-37c, after such transfer; and (17) transfers or conveyances to effectuate a mere change of identity or form of ownership or organization, where there is no change in beneficial ownership.

Sec. 24. Subdivision (1) of section 22a-134 of the general statutes, as amended by section 6 of public act 99-225 and section 56 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(1) "Transfer of establishment" means any transaction or proceeding through which an establishment undergoes a change in ownership, but does not mean (A) conveyance or extinguishment of an easement, (B) conveyance of property through a judicial foreclosure, (C) conveyance of a deed in lieu of foreclosure to an institutional lender, including, but not limited to, a banking institution, (D) conveyance of a security interest including, without limitation, a mortgage, (E) renewal of a lease, (F) conveyance, assignment or termination of a lease for a period less than twenty-five years from the date of such conveyance, assignment or termination, including options or extensions of such period, (G) any change in ownership approved by the Probate Court, (H) conveyance of title to a surviving joint tenant, or to a trustee, executor, or administrator under the terms of a testamentary trust or will, or by intestate succession, (I) corporate reorganization not substantially affecting the ownership of the establishment, including, but not limited to, stock dividend distributions or stock distributions in connection with a merger, (J) the original issuance of stock or other securities of an entity which owns or operates an establishment, (K) the transfer of stock, securities or other ownership interests representing less than a majority of the voting power of the entity that owns or operates the establishment, (L) any conveyance of an interest in an establishment where the transferor is the sibling, spouse, child, parent, grandparent, child of a sibling or sibling of a parent of the transferee, (M) any conveyance of a portion of a parcel upon which portion no establishment is or has been located and upon which there has not occurred a discharge, spillage, uncontrolled loss, seepage or filtration of hazardous waste, provided either the area of such portion is not greater than fifty per cent of the area of such parcel or written notice of such proposed conveyance and an environmental condition assessment form for such parcel is provided to the commissioner sixty days prior to such conveyance, (N) conveyance of a service station, as defined in subdivision (5) of this section, (O) any conveyance of a parcel which, prior to July 1, 1997, had been developed solely for residential use and such use has not changed, (P) any conveyance of a parcel to any entity created or operating under chapter 130 or 132, or to an urban rehabilitation agency, as defined in section 8-292, or to a municipality under section 32-224, or to the Connecticut Development Authority or any subsidiary of the authority, [or] (Q) any conveyance of a parcel in connection with the [assembly] acquisition of properties to effectuate the development of the [convention center facilities, the sportsplex and the related parking facilities, each] overall project as defined in section 27 of [this act] public act 99-241, as amended by this act, (R) the conversion of a general or limited partnership to a limited liability company under section 34-199, (S) the transfer of general partnership property held in the names of all of its general partners to a general partnership which includes as general partners immediately after the transfer all of the same persons as were general partners immediately prior to the transfer; and (T) the transfer of general partnership property held in the names of all of its general partners to a limited liability company which includes as members immediately after the transfer all of the same persons as were general partners immediately prior to the transfer.

Sec. 25. Section 12-541 of the general statutes, as amended by section 16 of public act 99-121, section 52 of public act 99-173, section 57 of public act 99-241 and section 27 of public act 99-1 of the June special session, is repealed and the following is substituted in lieu thereof:

There is hereby imposed a tax of ten per cent of the admission charge to any place of amusement, entertainment or recreation, except that no tax shall be imposed with respect to any admission charge (1) when the admission charge is less than one dollar or, in the case of any motion picture show, when the admission charge is not more than five dollars, (2) when a daily admission charge is imposed which entitles the patron to participate in an athletic or sporting activity, (3) to any event, other than events held at the [sportsplex] stadium facility, as defined in section 27 of [this act] public act 99-241, as amended by this act, all of the proceeds from which inure exclusively to an entity which is exempt from federal income tax under the Internal Revenue Code, provided such entity actively engages in and assumes the financial risk associated with the presentation of such event, (4) to any event, other than events held at the [sportsplex] stadium facility, as defined in section 27 of [this act] public act 99-241, as amended by this act, which in the opinion of the commissioner, is conducted primarily to raise funds for an entity which is exempt from federal income tax under the Internal Revenue Code, provided the commissioner is satisfied that the net profit which inures to such entity from such event will exceed the amount of the admissions tax which, but for this subdivision, would be imposed upon the person making such charge to such event, (5) to (A) any event at the Hartford Civic Center, the New Haven Coliseum, New Britain Beehive Stadium, New Britain Stadium, effective for events occurring on or after the date such stadium was placed in service, New Britain Veterans Memorial Stadium, Bridgeport Harbor Yard Stadium, Stafford Motor Speedway, Lime Rock Park, Thompson Speedway and Waterford Speedbowl, facilities owned or managed by the Tennis Foundation of Connecticut or any successor organization or the William A. O'Neill Convocation Center, and (B) games of the New Britain Rock Cats, New Haven Ravens or the Waterbury Spirit, (6) other than for events held at the [sportsplex] stadium facility, as defined in section 27 of [this act] public act 99-241, as amended by this act, paid by centers of service for elderly persons, as described in subdivision (d) of section 17b-425, (7) to any production featuring live performances by actors or musicians presented at Gateway's Candlewood Playhouse, Ocean Beach Park or any nonprofit theater or playhouse in the state, provided such theater or playhouse possesses evidence confirming exemption from federal tax under Section 501 of the Internal Revenue Code, or (8) to any carnival or amusement ride. The tax shall be imposed upon the person making such charge and reimbursement for the tax shall be collected by such person from the purchaser. Such reimbursement, termed "tax", shall be paid by the purchaser to the person making the admission charge. Such tax, when added to the admission charge, shall be a debt from the purchaser to the person making the admission charge and shall be recoverable at law. The amount of tax reimbursement, when so collected, shall be deemed to be a special fund in trust for the state of Connecticut.

Sec. 26. Section 13a-25 of the general statutes, as amended by section 58 of public act 99-241, is repealed and the following is substituted in lieu thereof:

Whenever the Chief Justice of the Supreme Court finds that the number of state referees available for the performance of the duties of state referees under subsection (c) of section 13a-73, sections 13a-74 and 13a-76, subsection (d) of section 35 and sections 36 and 37 of [this act] public act 99-241, as amended by this act and is not sufficient to consider and act upon the acquisition of land and buildings for a [sportsplex] stadium facility and related parking facilities, as defined in section 27 of [this act] public act 99-241, as amended by this act, with reasonable promptness, said Chief Justice, upon the application of the commissioner or the secretary, as the case may be, may appoint such number of additional state referees as [he deems] necessary to expedite the performance of such duties. Such appointments may be made from time to time and for such period of time, not more than two months in length, as [he designates] designated by the Chief Justice. Such additional state referees shall have the same powers and duties as state referees appointed under section 52-434, with respect to the granting of the approvals and the performance of other duties of state referees in the acquisition of land and buildings for such expressway, highway, [sportsplex] stadium facility and related parking facilities and shall receive such reasonable compensation as is determined by the Chief Justice, and such compensation and expenses incurred in the conduct of any hearings by such state referees shall be paid as a part of the cost thereof.

Sec. 27. Section 48-21 of the general statutes, as amended by section 59 of public act 99-241, is repealed and the following is substituted in lieu thereof:

In any proceeding brought under the provisions of subsection (b) or (e) of section 13a-73 or section 13a-74, 13a-76, 13a-77, 13a-78 or section 19a-645 or subsection (a), (b) or (c) of section 35 of [this act] public act 99-241, as amended by this act, or sections 36 to 40, inclusive, of [this act] public act 99-241, as amended by this act, notice shall be given to all persons appearing of record as holders of any mortgage, lien or other encumbrance on any real estate or interest therein which is to be taken by right of eminent domain or by condemnation proceedings, in the same manner as notice is required to be given to the owner of such property; and the amount due any such mortgagee, lienor or other encumbrancer, not exceeding the amount to be paid for such property, shall be paid to him according to priority of claims, before any sum is paid to any owner of such property. In case of dispute as to the amount due any such mortgagee, lienor or other encumbrancer, the money may be deposited with the clerk of the superior court for the judicial district in which such property is situated, and anyone claiming an interest in the same may bring suit therefor, making all others claiming interest in the fund defendants, and the court may determine the rights in the fund of all parties to such suit, and may tax costs according to the rules of equity.

Sec. 28. Section 32-610 of the general statutes, as amended by section 60 of public act 99-241, is repealed and the following is substituted in lieu thereof:

The exercise of the powers granted by section 32-602 constitute the performance of an essential governmental function and the Capital City Economic Development Authority shall not be required to pay any taxes or assessments upon or in respect of the convention center or the convention center project, as defined in section 32-600, levied by any municipality or political subdivision or special district having taxing powers of the state and such project and the principal and interest of any bonds and notes issued under the provisions of section 32-607, their transfer and the income therefrom, including revenues derived from the sale thereof, shall at all times be free from taxation of every kind by the state of Connecticut or under its authority, except for estate or succession taxes but the interest on such bonds and notes shall be included in the computation of any excise or franchise tax. Notwithstanding the foregoing, the convention center and the related parking facilities owned by the authority shall be deemed to be state-owned real property for purposes of sections 12-19a and 12-19b and the state shall make grants in lieu of taxes with respect to the convention center and such related parking facilities to the municipality in which the convention center and such related parking facilities are located as otherwise provided in said sections 12-19a and 12-19b.

Sec. 29. Subsection (a) of section 39 of public act 98-1 of the December special session, as amended by section 63 of public act 99-241, is repealed and the following is substituted in lieu thereof:

(a) There is established an account to be known as the ["sportsplex construction account"] "Adriaen's Landing construction account" which shall be a separate nonlapsing account within the General Fund. The account may contain any moneys required by law to be deposited in the account, including the moneys designated for the stadium construction account in subsections (b) and (c) of this section. The moneys in said account shall be expended by the Treasurer for [payments] payment of project costs of the overall project, other than the stadium facility project, in addition to the moneys derived from the issuance of bonds for [the sportsplex project, as defined in section 27 of this act] such purposes pursuant to section 29 of public act 99-241, as amended by this act.

Sec. 30. Section 64 of public act 99-241 is repealed and the following is substituted in lieu thereof:

Notwithstanding the limitations of subsection (a) of section 30 of [this act] public act 99-241, as amended by this act, and prior to the satisfaction of the conditions therein set forth, the state and the authority may (1) pay preliminary costs incurred prior to the effective date of this act, and (2) award contracts with respect to, and incur and pay, other preliminary costs of the overall project, in the case of the state in amounts in the aggregate not to exceed eight million dollars from funds otherwise available therefor in the [sportsplex] Adriaen's Landing construction account established by section 39 of public act 98-1, as amended by [this act] public act 99-241, as amended by this act, and in the case of the authority in amounts in the aggregate not to exceed three million dollars from funds otherwise available therefor pursuant to the bond authorization in section 32-614 of the general statutes, as amended by [this act] public act 99-241, as amended by this act.

Sec. 31. Section 32-305 of the general statutes is amended by adding subsection (c) as follows:

(NEW) (c) Notwithstanding the provisions of this section, (1) the funds segregated by the Commissioner of Revenue Services under subsection (a) of this section that are attributable to a hotel opened, or to new rooms added to an existing hotel, in the city of Hartford on or after the effective date of this act, shall be allocated (A) ten per cent to the Greater Hartford Arts Council, and (B) ninety per cent to the Capital City Economic Development Authority to be used by the authority, among other purposes, for start-up and operating expenses of, and a replacement reserve for, the convention center, as defined in section 32-600, as amended by this act, and (2) commencing July 1, 2003, and continuing until such time as the Capital City Economic Development Authority shall certify to the Commissioner of Revenue Services that such an additional source of revenue is no longer needed by the authority to meet current or projected operating deficiencies of the convention center, fifty per cent of the excess of (A) the funds segregated by the Commissioner of Revenue Services each month under subsection (a) of this section that are attributable to gross receipts from sales in the Greater Hartford district established in section 32-302, exclusive of such amounts otherwise allocated to the Capital City Economic Development District pursuant to this section, over (B) the average monthly amount segregated and allocated to the Greater Hartford district under subsection (a) of this section, exclusive of such amounts allocated to the Capital City Economic Development Authority, during the fiscal year ending June 30, 2000, shall be allocated to the Capital City Economic Development Authority and used by the authority exclusively to pay, or to fund an operating expense reserve account to provide for the future payment of, start-up and operating expenses of the convention center. In the event that at any time the Capital City Economic Development Authority determines that amounts deposited and then held in such operating expense reserve account pursuant to this section are no longer needed to meet current or projected operating deficiencies of the convention center, the authority shall return such amounts to the Greater Hartford district for use in accordance with its purposes.

Sec. 32. (NEW) The secretary shall take reasonable steps designed to ensure that the expenditure of public funds for project costs of the overall project is subject to adequate financial controls and that construction of the overall project conforms to applicable construction standards and approved plans and specifications. Such steps shall include, but are not limited to, the following:

(1) (A) The secretary shall designate a project comptroller from the secretary's senior staff. The project comptroller shall review, certify and authorize any amount due for payment by the Treasurer on warrants issued by the State Comptroller and otherwise oversee the expenditure of all state funds made available for purposes of the overall project pursuant to this act, and shall be responsible for monitoring the project budget, including cost estimates for site preparation, infrastructure, improvements and project construction, the review of all invoices for project costs for conformance to contracts and budgets, and the receipt and review of all reports from the independent auditing firm selected by the secretary and the State Building Inspector, the State Fire Marshal, the architects and environmental consultants as provided for in this section. The project comptroller shall be responsible for obtaining all necessary information and monitor all aspects of the planning and implementation of the overall project, including on-site inspections. The project comptroller shall prepare and submit to the secretary, the authority and the Auditors of Public Accounts as of the end of each quarter during the period of project development a summary of the reports received by the project comptroller during such quarter and a summary, by major category, of all expenditures of state funds for project costs during such quarter, noting any significant variances against budget.

(B) In order to assure accountability regarding the construction aspects of the overall project by the project manager and other contractors and professionals retained directly or indirectly by the state, the secretary shall obtain the services of a person or persons experienced in construction oversight. The secretary shall obtain such services (i) by agreement with the Department of Public Works or the Department of Transportation; (ii) by direct hire; (iii) by contract; or (iv) by any combination of (i), (ii) or (iii) of this subparagraph.

(2) The secretary shall select an independent auditing firm in accordance with applicable procurement procedures to review all invoices, expenditures, cost allocations and other appropriate documentation related to all elements of the public improvements managed by the project manager in order to reconcile all project costs and verify conformance with the project budget, cost allocation agreements and applicable contracts. The independent auditing firm shall file a written report quarterly with the secretary, the authority and the project comptroller reporting the results of such review and shall assist in the reconciliation of any discrepancies between the records of the project manager and the records of the project comptroller designated by the secretary.

(3) All contracts entered into by the secretary or the authority related to the construction of the overall project, including contracts with the project manager and each construction manager, shall require the maintenance of complete accounting records relating to all expenditures of state funds, including detailed support for all cost allocations, on an open book basis providing for access to such records, including records in electronic form, by the secretary, the authority, the independent auditing firm selected by the secretary and the Auditors of Public Accounts.

(4) All allocations of costs between public and private improvements shall be pursuant to written agreement and consistent with the project budget.

(5) A construction manager or managers for all major elements of the public improvements shall be selected by the secretary and the authority in accordance with applicable procurement procedures and shall make reports to the project controller as requested. The construction managers shall be responsible for day-to-day management of all such construction activities in accordance with written agreements with the secretary or the authority.

(6) All construction plans and specifications shall be subject to the review and approval of the State Building Inspector and the State Fire Marshal. The State Building Inspector and the State Fire Marshal shall conduct periodic inspections of the overall project as construction proceeds and shall immediately notify the secretary, the project comptroller and the authority of any material variance between approved plans and specifications and actual construction. The State Building Inspector and the State Fire Marshal shall provide quarterly reports to the secretary, the project comptroller and the authority regarding conformance of actual construction to approved plans and specifications.

(7) Each contract for architectural services entered into by the secretary or the authority with respect to the overall project shall include a requirement that the architect monitor conformance of actual construction with the plans and specifications approved by the State Building Inspector and the State Fire Marshal and promptly report any material variance to the secretary, the project comptroller and the authority, with copies to the State Building Inspector and the State Fire Marshal.

(8) An environmental consultant or consultants shall be selected by the secretary in accordance with applicable procurement procedures to monitor conformance of actual environmental remediation of the stadium facility site and the Adriaen's Landing site with any approved remediation plans and promptly report any material variance to the secretary, project comptroller and the authority.

Sec. 33. (NEW) The city of Hartford, upon approval of its legislative body, may negotiate and fix assessments on improvements for retail, commercial and housing purposes during the period of construction of such improvements and for additional periods of up to fifteen years from the completion of such improvements, which improvements either (1) constitute a capital city project, as defined in subsection (2) of section 32-600 of the general statutes, receiving five million dollars or more in financial assistance from the authority, or (2) are within the Adriaen's Landing site, including the on-site related private development.

Sec. 34. (NEW) Upon the effective date of this act, (1) the master development plan in the form filed with the clerks of the Senate and the House of Representatives on March 3, 2000, is validated and shall be deemed to have satisfied and met the requirements of subdivision (1) of subsection (a) of section 30 of public act 99-241, as amended by this act, and (2) the feasibility and implementation studies for the convention center, the related parking facilities and the stadium facility filed with the clerks of the Senate and the House of Representatives as part of such master development plan are validated and shall be deemed to have satisfied and met the requirements of section 32-604 of the general statutes, as amended by public act 99-241.

Sec. 35. (NEW) The master development plan may be modified by the secretary after the effective date of this act to the extent determined by the secretary to be necessary or desirable in light of unforeseen conditions or circumstances, including, without limitation, economic or market conditions or development or cost constraints, provided (1) no such modification shall be inconsistent with any requirements of sections 26 to 46, inclusive, of public act 99-241, as amended by this act, or sections 32 to 37, inclusive, of this act, and (2) in the event that the secretary determines that any such modification in the master development plan would result in a material change in the purpose or character of the stadium facility, the related parking facilities or the convention center, such modification shall not become effective unless and until (A) the secretary has filed with the house and senate clerks, for transmittal to the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, a description of such modification in reasonable detail, and (B) such committee shall either have (i) approved such modification, or (ii) failed to reject such modification within thirty days of the date of filing by the secretary of the description of such modification with the house and senate clerks.

Sec. 36. Section 30 of public act 99-241 is repealed and the following is substituted in lieu thereof:

(a) Except with respect to the payment by the secretary and the authority of certain limited amounts of preliminary costs pursuant to section 64 of public act 99-241*, no contract may be awarded, obligation incurred or amount expended by the secretary or the authority with respect to costs of the overall project to be funded with the proceeds of the bonds, no principal amount of bonds, notes or other obligations of the state or the authority authorized with respect to the overall project may be allotted or encumbered, and no amount available in the [sportsplex] Adriaen's Landing construction account established by section 39 of public act 98-1 of the December special session*, as amended by [this act] public act 99-241 and this act, may be expended, unless and until the following conditions have been met:

(1) The Governor shall have filed with the house and senate clerks, who shall transmit the same to the joint committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations, a [declaration to the effect that the master development plan for the overall project and the related private development is substantially complete and that the state, through the authority or the secretary, has received legally enforceable commitments by agreement, contract or other legally enforceable instrument with private investors or developers for minimum private investment in the related private development of two hundred ten million dollars, of which a minimum of forty million dollars shall be private investment in the convention center hotel, which the Governor has determined would not have been made but for the development of the convention center or the sportsplex; and

(2) The time provided in subsection (d) of this section for action by the General Assembly shall have passed without the master development plan having been rejected by the General Assembly as provided in said subsection (d).

(b) The declaration filed by the Governor pursuant to subsection (a) of this section shall be accompanied by the] master development plan, which shall include at least the following:

[(1)] (A) An overall design concept and description of the overall project and the integration of the on-site related private development, including conceptual drawings, preliminary site plans and estimated project schedule;

[(2)] (B) An estimate of total costs for the [sportsplex] stadium facility project, the parking project, the convention center project, the convention center hotel, as applicable, and each other major element of the on-site related private development;

[(3)] (C) The feasibility and implementation [study] studies for the convention center, the [sportsplex] stadium facility and the related parking facilities, as applicable, conducted by the authority pursuant to section 32-604 together with the determination of the authority required by said section;

[(4)] (D) A plan for the assembly and acquisition of the [sportsplex] stadium facility site, the parking facilities site, the convention center site and the sites on which the convention center hotel and the other on-site related private development is to be located, as applicable, for relocation of existing uses on such sites and for site preparation, including identification of such sites, estimated costs of the site assembly and acquisition, relocation and site preparation, including necessary environmental remediation, the proposed ownership and lease arrangements with respect to such sites, with copies of any available site acquisition documents, and the proposed sources and amounts of public and private financing of the cost of site assembly and acquisition, relocation and site preparation including the portion of such costs, if any, to be paid as project costs pursuant to sections 26 to 46, inclusive, of [this act] public act 99-241, as amended by this act;

[(5)] (E) A description of required governmental permits and approvals required in connection with the overall project and the on-site related private development, including a report of the status of permit applications and approval, with copies of any available permit applications;

[(6) A copy] (F) Copies of the environmental impact [evaluation] evaluations prepared by the authority and the Office of Policy and Management pursuant to subsection (j) of section 40 of [this act] public act 99-241, as amended by this act;

[(7)] (G) A description of the proposed convention center hotel, including number of rooms, other amenities, site acquisition arrangements and proposed ownership, management and financing arrangements, and arrangements with respect to use for hotel purposes of spaces in the related parking facilities, including related parking charges;

[(8)] (H) Revenue and expense projections for operation of the convention center, the [sportsplex] stadium facility and the related parking facilities, as applicable, to the extent not included in the feasibility and implementation [study] studies provided pursuant to [subdivision (3)] subparagraph (C) of this [subsection] subdivision;

[(9)] (I) Sources and uses of committed public and private financing for the overall project and the on-site related private development, including projected amounts of tax-exempt and taxable general obligation bonds and revenue bonds;

[(10)] (J) A financing plan for the overall project and the on-site related development, including the planned sequence and schedule of public and private investment, setting forth requirements for appropriate minimum levels of public and private investment at various stages of development as the overall project and the on-site related private development proceed;

[(11)] (K) A memorandum of understanding with the university setting forth the material terms of proposed lease, license or other use arrangements regarding university events at the [sportsplex] stadium facility, including at a minimum the material terms of the commitment of the university regarding the playing of home football games at the sportsplex, including arrangements with respect to the allocation of event revenues and expenses, other revenue derived as a result of the university's upgrades to Division IA football status, rental or use charges, day of game expenses, event scheduling, ticket operations, event management and operations and responsibilities for maintenance, repair and insurance and sources of revenue to be used by the university to cover capital and operating expenses resulting from the university upgrade to Division IA football; and

[(12)] (L) A description of the proposed revenue allocation from the related parking facilities; and

(2) The Governor shall have filed with the Treasurer and the State Bond Commission a certificate of determination to the effect that the state, through the authority or the secretary, has received commitments by agreement, contract or other legally enforceable instrument with private investors or developers for minimum private investment in the related private development of two hundred ten million dollars, of which a minimum of forty million dollars shall be private investment in the convention center hotel, which certificate of determination shall include findings by the Governor to the effect that (A) such commitments are enforceable by the secretary or the authority by an action at law or in equity, (B) such commitments relate to projects that will constitute related private development, as defined in section 27 of public act 99-241, as amended by this act, and (C) the related private development that is the subject of such commitments would not have occurred but for the development of the convention center and the related parking facilities and the investment by the state in site acquisition, site preparation and infrastructure improvements associated with the Adriaen's Landing site. Such certificate of determination and findings by the Governor, when filed with the Treasurer and the State Bond Commission, shall be final, conclusive and incontestable for all purposes.

[(c)] (b) Not later than thirty days after the filing by the Governor of the [declaration pursuant to] master development plan pursuant to subdivision (1) of subsection (a) of this section, the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations shall hold a joint public hearing for purposes of the evaluation and consideration of the master development plan and any other information submitted by the Governor in connection [with the declaration filed pursuant to subsection (a) of the section] therewith. Said committees shall submit a report of their findings, conclusions and recommendations to the General Assembly, through the clerks of the house and the senate not later than forty-five days after the date of filing by the Governor of the master development plan pursuant to subdivision (1) of subsection (a) of this section.

[(d) No later than sixty days after the date of filing by the Governor of the declaration pursuant to subsection (a) of this section, the General Assembly may reject the master development plan as a whole by majority vote of both houses.

(e) For purposes of the calculation of the time periods established by subsections (c) and (d) of this section, the running of such time periods shall be tolled between December 1, 1999, and January 15, 2000, inclusive, and there shall be a corresponding extension of the deadlines for action specified in said subsections, provided that nothing in this subsection shall have the effect of prohibiting any such action during the tolling period.]

Sec. 37. Section 32-605 of the general statutes is amended by adding subsection (e) as follows:

(NEW) (e) The authority shall designate a convention center operations contract compliance officer from the staff of the authority to monitor compliance of the operations of the convention center, convention center hotel and related parking facilities of the center and the hotel, with the provisions of state law applicable to such operations, including, but not limited to, sections 26 to 46, inclusive, of public act 99-241, as amended by this act, and sections 32 to 37, inclusive, of this act, and with applicable requirements of contracts entered into by the authority, relating to set-asides for small contractors and minority business enterprises and required efforts to hire available and qualified members of minorities, as defined in section 32-9n, and available and qualified residents of the city of Hartford for jobs in such operations. Such officer shall file, each year during the period of facility operations, a written report with the authority as to findings and recommendations regarding such compliance.

Sec. 38. (NEW) The use of the term "Adriaen's Landing" in this act is for convenience and shall not be construed to require that the improvements within the capital city economic development district which are contemplated by this act bear that name.

Sec. 39. Section 34 of public act 99-241 and section 5 of special act 97-20 are repealed.

Sec. 40. This act shall take effect from its passage.

Approved May 2, 2000