§ 10a-109e — UConn 2000 infrastructure improvement program.

Connecticut § 10a-109e

• Jurisdiction: Connecticut
• Title 10a: State System of Higher Education
• Ch. 185b: Constituent Units

Text

(a) The university may administer, manage, schedule, finance, further design and construct UConn 2000, to operate and maintain the components thereof in a prudent and economical manner and to reserve for and make renewals and replacements thereof when appropriate, it being hereby determined and found to be in the best interest of the state and the university to provide this independent authority to the university along with providing assured revenues therefor as the efficient and cost effective course to achieve the objective of avoiding further decline in the physical infrastructure of the university and to renew, modernize, enhance and maintain such infrastructure, the particular project or projects, each being hereby approved as a project of UConn 2000, and the presently estimated cost thereof being as follows: UConn 2000 Project Phase I Fiscal Years 1996-1999 Phase II Fiscal Years 2000-2005 Phase III Fiscal Years 2005-2031 (b) The plan of funding UConn 2000 shall be the proceeds of general obligation bonds of the state in an amount authorized before June 7, 1995, and the proceeds of securities subject to the authorized funding amount established in subdivision (10) of subsection (a) of section 10a-109d and the proceeds of the Special External Gift Fund becoming available to the university pursuant to section 10a-109i . (c) The amount of the state debt service commitment in each fiscal year shall be pledged by the university for the punctual payment of special debt service requirements as the same arise and shall become due and payable. As part of the contract of the state with the holders of the securities secured by the state debt service commitment and pursuant to section 10a-109u , appropriation of all amounts of the state debt service commitment is hereby made out of the resources of the General Fund and the Treasurer shall pay such amount in each fiscal year, to the paying agent on the securities secured by the state debt service commitment or otherwise as the Treasurer shall provide. The university shall be entitled to rely on the amount of the state debt service commitment and minimum state operating provision as and for assured revenues in any financing transaction proceeding, provided, to the extent any such proceeding includes reliance on such state debt service commitment and such minimum state operating provision, the university commits to a rate covenant and covenants, in substance, with the state and the holders of its securities to the effect that as long as any securities thereunder are outstanding that it has established and will charge, collect and increase, from time to time, and in time tuition fees and charges for its educational services, its auxiliary enterprises, including dormitory housing, food services and sale of textbooks and use of the physical university plant and for all other services and goods provided by the university, the amount of which, together with other assured revenues or other revenues otherwise available to the university including proceeds available from the Special External Gift Fund shall in each of its fiscal years be sufficient to pay when due, the special debt service requirements on outstanding securities and to permit the university to operate and maintain itself as an institution dedicated to excellence in higher education and to operate and maintain the physical university plant in sound operating condition and to otherwise permit the performance of all covenants included in the financing documents. (d) With respect to UConn 2000 and within the authorized funding amount, the university may, from time to time, and shall whenever appropriate or necessary, revise, delete and add a particular project or projects, provided (1) a formal approving vote of its board of trustees shall be needed for a material revision, deletion or addition dictated by a change in university planning as determined by its board of trustees or otherwise necessary because of reasons beyond the control of the university, (2) any material revision shall be subject only to such formal approval of the board of trustees as long as the board finds and determines that such revision is consistent with the intent or purpose of the original project, (3) a material addition or deletion shall be conditioned not only upon such formal approval of the board of trustees but also upon a request by the board of trustees for, and enactment of, a subsequent public or special act approving such addition or deletion, if such addition is to add a project not outlined in subsection (a) of this section or the deletion is the deletion of a project outlined in subsection (a) of this section, and (4) no revision, addition or deletion shall reduce the amount of any state debt service commitment. Further, with respect to UConn 2000 and subject to the limitations in the authorized funding amount, the university may determine the sequencing and timing of such project or projects, revise estimates of cost and reallocate from any amounts estimated in subdivision (a) of this section, for one or more projects to one or more other projects then constituting a component of UConn 2000 as long as, at the time of such reallocation, it has found that any such project to which a reallocation is made has been revised or added in accordance with this section and such project from which a reallocation is made either has been so revised or added and can be completed within the amounts remaining allocated to it, or has been so deleted. University actions under this section shall be included in reports to the General Assembly under section 10a-109y . (e) Until such time as the State Bond Commission allocates the bonds authorized pursuant to section 10a-109gg for the UConn health network initiatives, the university shall not expend any funds authorized by subdivision (10) of subsection (a) of section 10a-109d , subsection (a) of this section or subdivision (1) of subsection (a) of section 10a-109g for The University of Connecticut Health Center new construction and renovation, except for twenty-five million dollars for planning and design costs. (f) The University of Connecticut Health Center shall (1) contribute not less than sixty-nine million dollars of funds from operations, special eligible gifts or other sources toward The University of Connecticut Health Center new construction and renovation, and (2) provide for construction of a new ambulatory care center through debt or equity financing obtained from one or more private developers who contract with the university to construct such new ambulatory care center. (g) Notwithstanding the provisions of subsection (d) of this section, within the authorized funding amount, the university may revise, delete or add a particular project or projects to finance implementation of an electronic medical records system at The University of Connecticut Health Center, provided a formal approving vote of its board of trustees shall be needed. University actions under this subsection shall be included in reports to the General Assembly at the time and in the manner set forth in subsection (c) of section 10a-109x .

Legislative History

(P.A. 95-230, S. 5, 45; P.A. 96-244, S. 39, 63; May 9 Sp. Sess. P.A. 02-3, S. 2; P.A. 06-196, S. 72; P.A. 07-108, S. 5; June Sp. Sess. P.A. 07-7, S. 59; P.A. 10-104, S. 4, 5; P.A. 11-75, S. 4; P.A. 13-233, S. 5; June Sp. Sess. P.A. 15-1, S. 231; May Sp. Sess. P.A. 16-4, S. 245; June Sp. Sess. P.A. 17-2, S. 442; P.A. 21-111, S. 97; June Sp. Sess. P.A. 21-2, S. 480; P.A. 24-151, S. 20.) History: P.A. 95-230 effective June 7, 1995; P.A. 96-244 amended Subsec. (a) to change the estimated cost of the Business School renovation from $48,030,000 to $4,803,000, effective July 1, 1996; May 9 Sp. Sess. P.A. 02-3 amended Subsec. (a) to revise the list of projects and amounts in Phase II and to add the project list and amounts for Phase III, effective July 1, 2002; P.A. 06-196 made technical changes in Subsecs. (c) and (d), effective June 7, 2006; P.A. 07-108 amended Subsec. (a) to revise list of projects and amounts in Phase III, effective July 1, 2007; June Sp. Sess. P.A. 07-7 amended Subsec. (a) to extend the end year for Phase III from 2015 to 2016, effective November 2, 2007; P.A. 10-104 amended Subsec. (a) by adding $207,000,000 for The University of Connecticut Health Center new construction and renovation to estimated cost of Phase III, reallocating $25,000,000 in Phase III from estimated cost of main building renovation to new estimated planning and design costs for The University of Connecticut Health Center and extending Phase III to fiscal year 2018, and added Subsec. (e) re plan for funding The University of Connecticut Health Center new construction and renovation and Subsec. (f) re expenditure of funds contingent upon availability of federal, private or other nonstate money and allocation of bonds, with exception of $25,000,000 authorized for planning and design costs, effective June 3, 2010; P.A. 11-75 amended Subsec. (a) to increase estimated cost in Phase III of main building renovation from $50,000,000 to $125,000,000 and of The University of Connecticut Health Center new construction and renovation from $207,000,000 to $394,900,000 and to add such increases to project list total and total amounts, deleted former Subsec. (e) re plan of funding, redesignated existing Subsec. (f) as Subsec. (e) and made conforming and technical changes therein, and added new Subsec. (f) to require The University of Connecticut Health Center to contribute not less than $69,000,000 of funds toward new construction and renovation and provide for construction of new ambulatory care center through private debt or equity financing, effective July 8, 2011; P.A. 13-233 amended Subsec. (a) to extend end year for Phase III from 2018 to 2024, and, in Phase III, to add $450,000,000 for academic and research facilities, to add $15,000,000 for Avery Point renovation, to increase from $215,000,000 to $805,000,000 the amount for deferred maintenance/Code/ADA renovation lump sum, to increase from $200,000,000 to $470,000,000 the amount for equipment, library collections & telecommunications, to add $70,000,000 for Hartford relocation acquisition/renovation, to increase from $15,000,000 to $78,000,000 the amount for parking garage #3, to increase from $90,000,000 to $162,000,000 the amount for residential life facilities, to increase from $3,000,000 to $13,000,000 the amount for Stamford campus improvements and add housing at Stamford campus to list, to increase from $50,000,000 to $61,000,000 the amount for deferred maintenance/Code/ADA renovation sum-Health Center, to increase Storrs and Regional campus project list total from $1,043,000,000 to $2,583,000,000, to increase Health Center project list total from $775,300,000 to $786,300,000, and to increase total from $1,818,300,000 to $3,369,300,000, effective July 1, 2013; June Sp. Sess. P.A. 15-1 added Subsec. (g) re implementation of an electronic medical records system at The University of Connecticut Health Center, effective July 1, 2015; May Sp. Sess. P.A. 16-4 amended Subsec. (a) to replace “Deferred Maintenance/Code/ADA Renovation Lump Sum” with “Deferred Maintenance/Code Compliance/ADA Compliance/Infrastructure Improvements & Renovation Lump Sum”, effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to replace “2024” with “2027” re end year for Phase III, replace “Deferred Maintenance/Code Compliance/ADA Compliance/Infrastructure Improvements & Renovation Lump Sum” with “Deferred Maintenance/Code Compliance/ADA Compliance/Infrastructure Improvements & Renovation Lump Sum and Utility, Administrative and Support Facilities”, and replace “Deferred Maintenance/Code/ADA Renovation Sum - Health Center” with “Deferred Maintenance/Code Compliance/ADA Compliance/Infrastructure & Improvements Renovation Lump Sum and Utility, Administrative and Support Facilities - Health Center”, effective October 31, 2017; P.A. 21-111 amended Subsec. (a) to increase from $61,000,000 to $110,100,000 the amount for Deferred Maintenance/Code Compliance/Infrastructure & Improvements Renovation Lump Sum and Utility, Administrative and Support Facilities - Health Center, to increase from $75,000,000 to $106,000,000 the amount for Equipment, Library Collections and Telecommunications – Health Center, and to increase total from $3,369,300,000 to $3,449,400,000, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to decrease from $110,100,000 to $86,000,000 the amount for Deferred Maintenance/Code Compliance/Infrastructure & Improvements Renovation Lump Sum and Utility, Administrative and Support Facilities – Health Center, to decrease from $106,000,000 to $75,000,000 the amount for Equipment, Library Collections and Telecommunications – Health Center, and to decrease total from $3,449,400,000 to $3,394,300,000, effective July 1, 2021; P.A. 24-151 amended Subsec. (a) to extend end year for Phase III from 2027 to 2031, and, in Phase III, increase from $805,000,000 to $863,500,000 the amount for Deferred Maintenance/Code Compliance/ADA Compliance/Infrastructure Improvements & Renovation Lump Sum and Utility, Administrative and Support Facilities, replace “Gant Building Renovations” with “Gant Building Renovations and New Life Sciences Building” and increase amount from $34,000,000 to $403,500,000, add $160,000,000 for “Harry A. Gampel Pavilion and Hugh S. Greer Field House”, replace “Torrey Life Science Renovation” with “Torrey Life Science Renovation and Demolition” and increase amount from $17,000,000 to $25,000,000, increase Storrs and regional campus project list total from $2,583,000,000 to $3,196,000,000 and increase total from $3,394,300,000 to $4,007,300,000, effective July 1, 2024.