Department of Buildings and General Services Statutory Framework

Transcription

1 Department of Buildings and General Services Statutory Framework By Rebecca Wasserman Vermont Legislative Council January 2013

2 Table of Contents Introduction 1 Organizational History 2 3 V.S.A 2283A. Department of Buildings and General Services 2 Powers and Duties 3 29 V.S.A. 3. Employees of commissioner of buildings and general services 3 3 V.S.A Permissive duties; approval of secretary 3 29 V.S.A Duties of commissioner 3 Capital Complex Area 8 29 V.S.A Definitions 9 State House 10 1 V.S.A State flags, purchase, distribution 10 2 V.S.A Legislative advisory committee on the state house 10 2 V.S.A Functions V.S.A. 5. Regulation of soliciting and advertising in state house V.S.A. 6. Visitors to state house grounds V.S.A Preservation of state house and historic state buildings 11 Court Houses V.S.A Court room expenses 12 Space Allocation V.S.A Property management revolving fund V.S.A Space allocation, inventory, and use; leasing property; commissioner's preapproval required 13 Construction of State Buildings V.S.A Requirements on state construction projects 15 Art in State Buildings V.S.A. 41. Purpose V.S.A. 42. Definitions V.S.A. 43. Art acquisition fund V.S.A. 44. Funds transfer for art V.S.A. 44a. Powers and duties of commissioner V.S.A 45. Duties of contracting agency V.S.A. 46. Use of funds V.S.A. 47. Advisory committee V.S.A. 48. Powers and duties of council 18 State Agency Energy Plan 19 3 V.S.A State agency energy plan 19 3 V.S.A. 2291a. State agency planning and coordination 20

3 3 V.S.A. 2291b. Adoption of state agency energy implementation plans 20 Conveyancing V.S.A Commissioner of corrections; appointment; powers; responsibilities V.S.A Easements and rights-of-way V.S.A Selling or renting state property V.S.A Rental of state property to veterans' organizations 22 Urban Renewal Projects V.S.A Definitions V.S.A Cooperation by public bodies 24 Parking and Towing V.S.A Parking rules V.S.A Parking in state parking lots 26 Purchasing V.S.A Duties of commissioner of buildings and general services V.S.A Requisition for supplies and materials V.S.A. 903a. Alternative purchasing sources V.S.A Surplus property; acceptance and distribution V.S.A Centralized purchasing of school equipment and supplies V.S.A Stationery and office supplies V.S.A Manner of payment of bills for purchases V.S.A Price-fixing illegal; penalty 30 Resource Management V.S.A Facilities condition analysis V.S.A. 160A. Facilities operations internal service fund V.S.A State resource management; revolving fund 33 Marketing V.S.A Brochure distribution fees 34 Central Warehouse V.S.A Power to obtain warehouse V.S.A Warehouse stocks, charges 35 Surplus Property V.S.A The state agency for surplus property V.S.A Authority and duties V.S.A Power of commissioner of buildings and general services to require bond V.S.A Transfer charges V.S.A Acquisition and distribution of surplus commodities V.S.A State surplus property V.S.A Transfer charges and credits 38

4 Purchasing for Liquor Control Board 39 7 V.S.A Duties of commissioner of liquor control 39 7 V.S.A Special brands; purchase by commissioner of liquor control 39 Printing V.S.A Public documents defined V.S.A Printing of reports and bulletins V.S.A Contracts for printing V.S.A Bids V.S.A Acceptance or rejection of bids; conditions of contracts V.S.A Stationery, forms and supplies V.S.A Journals of the joint assembly, senate and house of representatives V.S.A Printing and distribution of the acts and resolves of the general assembly 41 Eastern States Exposition V.S.A. 52. Maintenance 42 Vermont Veterans 43 Vermont Veterans Memorial Cemetery V.S.A Vermont veterans' memorial cemetery advisory board 43 Vermont Veterans Home V.S.A Department of Buildings and General Services 43 Mines and Quarries V.S.A Ownership of mines and quarries discovered on public lands V.S.A Effect on prior grants V.S.A Cutting of timber restricted V.S.A Bond required to work claim V.S.A Application to state forests and parks 44 Interagency/State Agency Planning 45 3 V.S.A State agency planning and coordination 45 3 V.S.A Adoption of state agency plans 45 Appropriations V.S.A Building maintenance; appropriations V.S.A. 701a. Capital construction bill V.S.A Payment of state agency fees V.S.A Affordable amount of general obligation bond authorization V.S.A Capital debt affordability advisory committee V.S.A Capital Budget Report V.S.A Historic Property Stabilization and Rehabilitation Special Fund 49 Liability V.S.A Purchase of insurance V.S.A Preference to Vermont companies, agents 50

5 29 V.S.A Inventories of state property V.S.A Liability insurance V.S.A Definition V.S.A Workers Compensation Insurance V.S.A Allocation of fees and penalties; liability insurance; authority to contract for law enforcement services V.S.A Liability insurance; trail maintenance 52

6 1 Introduction The purpose of this document is to provide an overview of the Vermont Statutes affecting the creation, duties and authority of the Department of Buildings and General Services.

7 2 Organizational History 3 V.S.A 2283A. Department of Buildings and General Services The department of buildings and general services is created in the agency of administration as the successor to and continuation of the department of buildings and the department of general services. In addition to all other responsibilities assigned to it by law, the department is responsible for all matters relating to the development, design, construction, management, and disposal of state-owned and -leased buildings under its jurisdiction and for the provision of support services to state government. (Added 1995, No. 148 (Adj. Sess.), 2, eff. May 6, 1996; amended 2009, No. 91 (Adj. Sess.), 5, eff. May 6, 2010; 2011, No. 3, 81, eff. Feb. 17, 2011.)

8 3 Powers and Duties 29 V.S.A 1. Ownership of state buildings and equipment The state house and the public buildings in Montpelier or elsewhere, erected or owned by the state, together with the books, furniture, equipment, paintings, statuary and every other thing with which such house or buildings are furnished, ornamented or supplied, shall be the property of the state. 29 V.S.A. 3. Employees of commissioner of buildings and general services With the approval of the governor, the commissioner of buildings and general services may employ at all times such help and assistance as he or she shall deem necessary for the care and upkeep of the state capitol and other administration buildings and of all other state property committed to his or her charge by law or custom. With the approval of the governor, he or she shall fix the compensation and the term of service of all such employees unless otherwise provided by law. (Amended 1959, No. 328 (Adj. Sess.), 11(a); 1983, No. 147 (Adj. Sess.), 4(b), eff. April 11, 1984.) 3 V.S.A Permissive duties; approval of secretary Each commissioner may, with the approval of the secretary, (1) Transfer classified positions within or between divisions subject only to state laws and regulations. (2) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department. (3) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department. (4) Adopt rules for the internal administration of the department and its programs. (5) Appoint a deputy commissioner. All such appointments shall be in writing and recorded in the office of the secretary of state. In case a vacancy occurs in the office of a commissioner, or the commissioner is absent, his or her deputy shall assume and discharge the duties of office until the vacancy is filled, or the commissioner returns. (6) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers. (7) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places. (8) Organize, reorganize, transfer or abolish divisions, staff functions or sections within the department. This authority shall not extend to divisions or other bodies created by law. (1971, No. 92, 5(d), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), 14, eff. June 13, 1988.) 29 V.S.A Duties of commissioner (a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall have the authority to: (1) Be responsible for the administration of the department. (2) [Repealed.] (3) Prepare or cause to be prepared plans and specifications for construction and repair on all stateowned buildings:

9 4 (A) For which the legislature or the emergency board has made specific appropriations. In consultation with the department or agency concerned, the commissioner shall select sites, purchase lands, determine plans and specifications, and advertise for bids for the furnishing of materials and construction thereof and of appurtenances thereto. The commissioner shall determine the time for beginning and completing the construction. Any change orders occurring under the contracts let as the result of actions previously mentioned in this section shall not be allowed unless they have the approval of the secretary of administration. (B) For which no specific appropriations have been made by the legislature or the emergency board. The commissioner may, with the approval of the secretary of administration acquire an option, for a price not to exceed $75,000.00, on an individual property without prior legislative approval, provided the option contains a provision stating that purchase of the property shall occur only upon the approval of the general assembly and the appropriation of funds for this purpose. The state treasurer is authorized to advance a sum not to exceed $75,000.00, upon warrants drawn by the commissioner of finance and management for the purpose of purchasing an option on a property pursuant to this subdivision. (4) Supervise construction, improvement, repair, alteration, demolition and replacement of and addition to state buildings, structures and facilities when the estimated cost thereof exceeds $3, except (A) as provided in subdivision (3) of this section and (B) highways as defined in 1 V.S.A. 119 and aeronautics facilities. The commissioner shall supervise the maintenance of all state buildings. (5) Inspect, appraise, and maintain a current appraisal schedule of all state-owned buildings, appendages, and appurtenances thereto based upon replacement value in the first instance and upon depreciated value in the second instance. Appraisals shall be furnished upon request to the secretary of administration, the commissioner of buildings and general services, departments and agencies concerned, and appropriate committees of the general assembly. (6) Determine the necessity of repairs and replacements to all state-owned buildings and cause urgent repairs and replacements to be accomplished if within the limits of specific appropriations or if approved by the emergency board. Urgency of the repairs, maximum need for the building, and appropriations or agency controlling the building has failed to request initiation of action within a reasonable time after the commissioner's second recommendation of action. (7) [Repealed.] (8) Employ such architectural and other professional assistance as he or she deems necessary in the performance of his or her duties. Before employing architectural and other professional assistance, the commissioner shall give reasonable public notice of his or her intention to employ such assistance so as to allow full opportunity for any qualified expert to offer his or her services and the commissioner shall employ that architect or expert whose service will be in the best interest of the state. (9) This section shall not apply to state-owned buildings under the jurisdiction and control of the forests, parks and recreation department, the fish and wildlife department, the military department, and property at state airports under the jurisdiction of the transportation agency. However, the governor, by executive order, may place under the supervision of the commissioner of buildings and general services specified buildings or classes of buildings under the jurisdiction and control of the departments named. (10) [Repealed.] (11) For state-owned buildings and structures which are under the jurisdiction of the historic preservation division as historic sites, the director of historic preservation shall have jurisdiction over determining maintenance and restoration to be done and the commissioner of buildings and general services shall have jurisdiction over budgeting for and accomplishing the same. (12) The commissioner of buildings and general services may contract after competitive bidding, for custodial and other maintenance services. No employee will be laid off or otherwise be removed from employment as a result of contracting out except in circumstances where the work is beyond the capacity of state employees, or that the work or program can be performed more economically under an outside contract, or that an outside contractor has management techniques, equipment or technology which will result in better public service and increased productivity.

10 (13) Assure that electric heat for space heating is not used in new state buildings or in the reconstruction of state buildings, except where it is cost effective to do so on a life cycle cost basis. The commissioner shall develop a work plan to phase out the existing use of electric heat in state buildings, where it is cost effective to do so on a life cycle cost basis, and shall include in the annual budget requests to the general assembly work plans and budgets to accomplish this phaseout in a timely fashion. (14) The commissioner of buildings and general services may promulgate rules and regulations to govern access to and conduct upon the grounds of and within the structures and buildings which fall within his or her jurisdiction. Specifically, and without limitation of the foregoing, the commissioner is empowered to promulgate rules governing access to property; littering; alcoholic beverages and narcotics; soliciting, debt collection and campaigning; photographs for advertising or commercial purposes; pets and animals; and firearms and explosives while in state buildings under his or her jurisdiction or upon the grounds of these buildings, and in or upon property leased to the state and under the jurisdiction of the commissioner. (15)The commissioner of buildings and general services is authorized to consult with the commissioner of education, when requested by the commissioner of education, concerning school construction projects. (16)The commissioner of buildings and general services is authorized to allocate, at the commissioner's discretion, funds from projects appropriated to the department of buildings and general services by any capital construction act adopted pursuant to 32 V.S.A. 701a, to contract for the services of engineers, architects and other consultants required to complete projects authorized in such a capital construction act and under the jurisdiction of the commissioner. The authorization of this subdivision shall not abrogate the authority of the commissioner to postpone projects authorized by such a capital construction act if the best interest of the state would be served thereby. (17) Manage and expend all appropriations made in each annual capital construction act to the department of buildings and general services under chapter 5 of this title. However, the commissioner of buildings and general services may, with the approval of the secretary of administration, direct the commissioner of finance and management to issue a warrant to pay the amount of any appropriation designated for use by an entity not affiliated with the executive branch directly to such entity. (18) Postpone any project authorized by an annual capital construction act under the authority of or funded through the department of buildings and general services if, due to financial or economic conditions, the best interests of the state will be served by postponement. (19) Transfer any unexpended project balances between projects that are authorized within the same section of the act. (20) Transfer any unexpended project balances between projects that are authorized within different capital construction acts, with the approval of the secretary of administration when the unexpended project balance does not exceed $100,000.00, or with the additional approval of the emergency board when such balance exceeds $100, (21) Cancel any authorized project if, due to financial or economic conditions, the best interests of the state will be served by cancellation, if approved by the secretary of administration, and postpone any authorized project if, due to financial or economic conditions, the best interests of the state will be served by postponement. (22) Use the contingency fund appropriation to cover shortfalls for any project approved in any capital construction act; however, transfers from the contingency in excess of $50, shall be done with the approval of the secretary of administration. (23) With the approval of the secretary of administration, transfer during any fiscal year to the department of buildings and general services for use only for major maintenance within the capitol complex in Montpelier, any unexpended balances of funds appropriated in any capital construction act for any executive or judicial branch project, excluding any appropriations for state grant-in-aid programs, which is completed or substantially completed as determined by the commissioner. On or before January 15 of each year, the commissioner shall report to the house committee on corrections and institutions and the senate committee on institutions regarding: (A) all transfers and expenditures made pursuant to this subdivision (23); and (B) the unexpended balance of projects completed for two or more years. 5

11 (24)Accept from the Federal Emergency Management Agency (FEMA) hazard mitigation grants on behalf of the state on an as-needed basis, or accept from any municipality any funds received by the municipality from FEMA. This authority is intended to permit the state to assist towns in certain situations by taking advantage of federal money in order to avoid depletion of state resources. (25)Transfer any unexpended project balances from previous capital construction acts for the purpose of emergency projects not authorized in a capital construction act in an amount not to exceed $100,000.00; provided the commissioner shall send timely written notice of such expenditures to the chairs of the house committee on corrections and institutions and the senate committee on institutions. (26)Be available to consult with and share the department's expertise with school districts regarding the design, construction, or purchase of any new buildings or alterations of existing buildings in connection with any technical center receiving funding under Title 16. The commissioner, in collaboration with the commissioner of education, shall periodically update the standards developed pursuant to Sec. 44 of No. 148 of the Acts of the 1999 Adj. Sess. (2000). (27) After consulting with the state treasurer to determine the effect of the contract on the state's debt and reviewing the creditworthiness of the company with which the state proposes to contract, and with the approval of the emergency board, enter into multiyear contracts with energy service companies or third-party leasing companies for energy efficiency and fuel switching improvements to state facilities, the cost of which will be recovered through the avoided fuel, utility, operating, and maintenance costs resulting from the improvements. Improvements must within 20 years achieve savings sufficient to cover their costs. (28) With the approval of the emergency board, enter into performance contracts with private sector providers to create energy-smart state buildings and facilities primarily through revised operating strategies that will result in operating cost savings. The commissioner shall work with private energy contractors and utilities companies to develop a plan to conduct energy audits, analyze the state's energy needs, improve purchasing procedures to speed the conversion to new technology, and develop revised operating strategies to identify the best use of the latest energy-saving technology. (29) When purchasing land for new state highway garages and other transportation buildings, as well as other state buildings on major highways in the state, the commissioner, in consultation with the secretary of transportation, shall consider purchasing additional land suitable for park-and-ride facilities. (30) Provide services to the traveling public, lease space, sell products, and conduct any other activities within limits set forth in the federal Surface Transportation Act and Randolph-Sheppard Act and rules promulgated thereunder, to administer the information and welcome centers; and use funds generated in the centers to supplement funds for maintaining and operating the centers. (31) Receive payments from vendors through the real-time demand response program (DRP). The commissioner may contract with third-party brokers or directly with Independent System Operators to generate or to reduce electrical demand or both for state-owned facilities in return for payments to the state which shall be retained by the facilities operations revolving fund established in section 160a of this title. (32) Accept funds and other contributions for state house renovations and restorations; educational, interpretive, and curatorial projects; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the state house. (33) Accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at state buildings, provided that the commissioner shall report receipt of a grant under this subdivision to the chairs of the house committee on corrections and institutions and the senate committee on institutions. (34) Sell thermal energy to the city of Montpelier at a price set by the commissioner. (35) Accept from the department of public service, the city of Montpelier, or other entity grant funds for renovations to the Capital District heating plant. (b) The commissioner of buildings and general services shall: (1) Prior to transfer of unexpended balances between projects under the provisions of this section or another provision of law, consult with the state treasurer and the commissioner of finance and management to determine that such transfer does not adversely affect the exclusion from gross 6

12 income of the interest on the bonds from which such unexpended proceeds are derived, pursuant to Section 103 of the Internal Revenue Code of 1986 or any corresponding Internal Revenue Code section of the United States, as from time to time amended. The commissioner shall notify the state treasurer within 30 days of the postponement of any authorized projects for which bonds have been issued. (2) Consult with the state treasurer regarding implementation of projects in each capital appropriations act, including the disposition of assets purchased with capital appropriations, with regard to satisfactory resolution of issues associated with legal and tax-exempt status of outstanding state bonds. (c) Notwithstanding any other provision of law, the commissioner of buildings and general services is authorized to: (1) Implement a "Motorist Aid Refreshment Program" at state rest areas and information centers. The commissioner is authorized to accept, without active solicitation, donations for the services and associated supplies, and may use surplus funds to pay for the information center program. (2) Permit nonprofit organizations and contracted information center operators to provide free refreshments to motorists. Nonprofits and contracted information center operators may accept voluntary donations, without active solicitation, from motorists. (3) Adopt rules governing the provision of refreshments in accordance with this subsection. (Added 1959, No. 328 (Adj. Sess.), 10; amended 1961, No. 17, 1, 2, eff. March 15, 1961; 1977, No. 247 (Adj. Sess.), 183; 1979, No. 74, 345, 346; 1979, No. 205 (Adj. Sess.), 139, eff. May 9, 1980; 1981, No. 108, 31(b); 1983, No. 147 (Adj. Sess.), 4, eff. April 11, 1984; No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), 32(2), 33, eff. June 13, 1988; 1991, No. 259 (Adj. Sess.), 13; 1993, No. 59, 25c, eff. June 3, 1993; 1993, No. 233 (Adj. Sess.), 46, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), 4(b), eff. May 6, 1996; No. 178 (Adj. Sess.), 296; No. 185 (Adj. Sess.), 87, eff. May 22, 1996; 1999, No. 29, 39, eff. May 19, 1999; 2001, No. 61, 25; No. 149 (Adj. Sess.), 25, 32, 34, 64, eff. June 27, 2002; 2003, No. 56, 59, eff. June 4, 2003; 2003, No. 121 (Adj. Sess.), 27, 31, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), 34, 49, eff. May 15, 2006; 2007, No. 52, 30, 31, eff. May 28, 2007; 2007, No. 200 (Adj. Sess.), 35, eff. June 9, 2008; 2009, No. 33, 54; No. 43, 27, 28, eff. May 27, 2009; 2009, No. 135 (Adj. Sess.), 23, 24; 2011, No. 40, 34a, eff. May 20, 2011; 2011, No. 139 (Adj. Sess.), 24, eff. May 14, 2012.) 7

13 8 Capital Complex Area 2 V.S.A. 70. Capitol Police Department (a) Creation. A capitol police department is created within the office of the sergeant at arms. The sergeant at arms shall appoint and may remove, at his or her pleasure, individuals as capitol police officers, one of whom shall be appointed to serve as chief. All such positions shall be exempt state employees. The chief shall supervise the officer force under the direction of the sergeant at arms. Such appointments and all oaths or affirmations shall be in writing and filed with the sergeant at arms. An officer shall also serve as a deputy sergeant at arms and as a notary public pursuant to 24 V.S.A (b) Powers; training. (1) Capitol police officers shall have all the same powers and authority as sheriffs and other law enforcement officers anywhere in the state, which shall include the authority to arrest persons and enforce the civil and criminal laws, keep the peace, provide security, and to serve civil and criminal process. For this purpose, capitol police officers shall subscribe to the same oaths required for sheriffs. (2) Notwithstanding any other provision of law to the contrary, a capitol police officer shall be a law enforcement officer certified by the Vermont criminal justice training council pursuant to the provisions of 20 V.S.A. chapter 151. (c) Coordination of capitol complex security. The capitol police department shall coordinate security within the state house and assist the commissioner of buildings and general services in providing security and law enforcement services within the capitol complex, as delineated in a memorandum of understanding signed by the commissioner and the sergeant at arms no later than June 30, 2000, and as subsequently amended. In all other areas of the capitol complex, except the space occupied by the supreme court, the security, control of traffic, and coordination of law enforcement activity shall be under the direction of the commissioner of buildings and general services, with which the capitol police department may assist. (Added 1999, No. 29, 46, eff. May 19, 1999; amended 1999, No. 148 (Adj. Sess.), 46, eff. May 24, 2000; 2011, No. 103 (Adj. Sess.), 2.) 29 V.S.A Responsibility for security (a) The commissioner of buildings and general services shall be responsible for ensuring the security of all state facilities, regardless of funding source for construction or renovation, the lands upon which those facilities are located and the occupants of those facilities and places, except that: (1) in those state-owned or state-leased buildings which house a court plus one or more other functions, security for the space occupied by the court shall be under the jurisdiction of the supreme court and security elsewhere shall be under the jurisdiction of the commissioner of buildings and general services; (2) in those buildings which function exclusively as courthouses, security shall be under the jurisdiction of the supreme court; (3) the space occupied by the supreme court shall be under the jurisdiction of the supreme court; and (4) in the state house, security shall be under the jurisdiction of the sergeant at arms. (b) The commissioner of buildings and general services shall develop a security plan for each facility, except for those under the jurisdiction of the supreme court and of the sergeant at arms, and shall regularly update these plans as necessary and be responsible for coordinating responses to all security needs. The supreme court and the sergeant at arms shall, in cooperation with the commissioner of buildings and general services, prepare and update such plans for the facilities under their respective jurisdictions. (c) The commissioner of buildings and general services may delegate the responsibility for security at specified facilities. (d) All security improvements to state facilities shall be under the direction of the commissioner of buildings and general services, who shall set statewide standards for policies, materials, and equipment, including voice and data reception and transmission upgrades and installations.

14 9 (e) Under this section, the commissioner of buildings and general services is responsible for the protection of state facilities, the lands upon which the facilities are situated, and the occupants of those facilities, which is vital to sustaining the essential services of government in an emergency. The commissioner shall develop plans for continuity of government and continuity of operations as an addendum to the state emergency operations plan maintained by the department of public safety, division of emergency management and referenced in subdivision 8(b)(2) of Title 20. (Added 1999, No. 29, 44, eff. May 19, 1999; amended 2001, No. 149 (Adj. Sess.), 29, eff. June 27, 2002.) 29 V.S.A Capitol complex security The commissioner of buildings and general services shall be responsible for all security operations pertaining to the lands and structures within the capitol complex, except the interior of the state house and the space occupied by the supreme court, which is provided for in section 171 of this title. (Added 1999, No. 29, 44, eff. May 19, 1999; amended 2011, No. 139 (Adj. Sess.), 26, eff. May 14, 2012.) 29 V.S.A Definitions As used in this chapter: * * * (2) "Capitol complex commission" means a commission consisting of five members. Four members shall be appointed by the governor, with the advice and consent of the senate, for a term of three years. The fifth member shall be appointed by the Montpelier city council for a term of two years. The chair of the capitol complex commission shall be designated by the governor. No more than two members of the commission shall be residents of the city of Montpelier, and no member may be an exempt employee of the state of Vermont. The commissioner of buildings and general services shall be the executive secretary of the board and shall have no vote. * * *

15 10 State House 1 V.S.A State flags, purchase, distribution (a) The secretary of state shall, through the department of buildings and general services, obtain state flags and a copy of the Bennington Battle Flag, so-called. He or she may, in his or her discretion and on such terms as he or she finds appropriate, distribute said state flags to other states, to state officials, departments and agencies, and to such other persons as he or she may determine should have them in the interest of the state. He or she shall cause the Bennington Battle Flag to be delivered to the custody of the Sergeant at Arms, to be flown at the State House in Montpelier, under the United States Flag, on the 15th, 16th, and 17th days of August in each year to commemorate the Battle of Bennington. (b) The secretary of state shall furnish to the division for historic preservation, under this section, one Vermont state flag and one Bennington Battle Flag to be flown at the Bennington Battle Monument Area. (1961, No. 120, 1, eff. May 16, 1961; amended 1963, No. 77, 1, 2, eff. May 2, 1963; 1995, No. 148 (Adj. Sess.), 4(a), eff. May 6, 1996.) 2 V.S.A Legislative advisory committee on the state house (a) A legislative advisory committee on the state house is created. (b) The committee shall be composed of 11 members: three members of the house of representatives appointed by the speaker; three members of the senate appointed by the committee on committees; the chair of the board of trustees of the friends of the Vermont state house; the director of the Vermont historical society; the director of the Vermont council on the arts; the commissioner of buildings and general services; and the sergeant-at-arms. (c) The committee shall biennially elect a chair from among its legislative members. A quorum shall consist of six members. (d) The committee shall meet at the state house on the first Monday of each third month beginning in July, 1984, or at the call of the chair. (Added 1983, No. 246 (Adj. Sess.), 1.) 2 V.S.A Functions (a) The legislative advisory committee on the state house shall be consulted on all activities relating to the acquisition and care of paintings and historic artifacts and furnishings, and the refurbishing, renovation, preservation and expansion of the building and its interior. (b) The sergeant-at-arms and the commissioner of buildings and general services, in discharging responsibilities under subdivision 62(a)(7) of this title and 29 V.S.A. 154(a), respectively, shall consider the recommendations of the advisory committee. The advisory committee recommendations shall be advisory only. (Added 1983, No. 246 (Adj. Sess.), 1.) 29 V.S.A. 5. Regulation of soliciting and advertising in state house A person may not distribute any advertising matter or solicit any subscription on the grounds of the state house or in other buildings owned or leased by the state, except under such regulations as shall be prescribed by the commissioner of buildings and general services. In the case of the interior of the state house the regulations shall be prescribed by the sergeant at arms. A person who violates a provision of this section shall be fined not more than $25.00 for each offense. This section shall not apply to organized charitable campaigns authorized by the governor and a committee appointed by the governor. (Amended 1959, No. 328 (Adj. Sess.), 11(c); 1971, No. 213 (Adj. Sess.), 6, eff. April 3, 1972; 1977, No. 109, 28, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), 4(b), eff. April 11, 1984.)

16 11 29 V.S.A. 6. Visitors to state house grounds Except when the legislature is in session and the sergeant at arms is in control of admission of persons to the state house, at such time as he or she deems proper and expedient, the commissioner of buildings and general services shall admit visitors to the state house grounds. (Amended 1959, No. 328 (Adj. Sess.), 11(d); 1971, No. 213 (Adj. Sess.), 7, eff. April 3, 1972; 1983, No. 147 (Adj. Sess.), 4(b), eff. April 11, 1984.) 29 V.S.A Preservation of state house and historic state buildings (a) The commissioner of buildings and general services shall give special consideration to the state house as a building of first historical importance and significance. He or she shall preserve the state house structure and its unique interior and exterior architectural form and design, with particular attention to the detail of form and design, in addition to keeping the buildings, its furnishings, facilities, appurtenances, appendages and grounds surrounding and attached to it in the best possible physical and functional condition. No change, alteration, addition or removal in form, design, architectural detail, furnishing, fixed in place or otherwise, interior or exterior, of the state house, may be made without legislative mandate. Emergency and immediately necessary repairs may, however, be made without legislative mandate upon prior approval of the governor. (b) The commissioner of buildings and general services, as time and funds permit, shall prepare such records as will permit the reproduction of state-owned historic buildings should any of them be destroyed. (Added 1959, No. 328 (Adj. Sess.), 10; amended 1983, No. 147 (Adj. Sess.), 4(b), eff. April 11, 1984.)

17 12 Court Houses 24 V.S.A. 71A. Courthouses (a) Except as provided herein, each county shall provide and own a suitable courthouse, pay all utility and custodial services, and keep such courthouse suitably furnished and equipped for use by the superior court, together with suitable offices for the county clerk, assistant judges, and probate judges. Office space for the probate division of the superior court may be provided elsewhere by the county. The county shall provide at least the facilities for judicial operations that it provided on July 1, (b) If all judicial operations in a county are contained in one court building owned by the state, the county clerk and assistant judges may also be located in the same building. The court administrator and the commissioner of buildings and general services shall be the superintendents of the building. They shall make decisions regarding building construction, space allocations, and use of the facility after consulting with the superior court presiding judge and the assistant judges. The county shall no longer be required to maintain a courthouse. (c) The court administrator, in consultation with the presiding judge of the superior court, shall determine what judicial operations will occur in the county courthouse. (Added 1993, No. 233 (Adj. Sess.), 45, eff. June 21, 1994; amended 1995, No. 62, 41, eff. April 26, 1995; 1995, No. 148 (Adj. Sess.), 4(c)(1), eff. May 6, 1996; No. 181 (Adj. Sess.), 7; 1997, No. 121 (Adj. Sess.), 16; 2009, No. 154 (Adj. Sess.), 163; No. 154 (Adj. Sess.), 163a, eff. Feb. 1, 2011.) 32 V.S.A Court room expenses The expense of providing a suitable court room, without the county courthouse, including rent, heat and light therefor, with office furniture for the use of the court, shall be paid by the state, if the contract for the same is approved by the commissioner of buildings and general services. (Amended 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), 4(c)(2), eff. May 6, 1996.)

18 13 Space Allocation 29 V.S.A Property management revolving fund (a) There is established a property management revolving fund to provide space for office accommodations and other related purposes for which space is not available in buildings owned by the state. Space may be provided through the fund for such departments or programs as the secretary of administration determines, except that space requirements for the department of forests, parks and recreation, the department of fish and wildlife, the department controlling buildings designated as historic sites, the military department, and the department of labor shall be covered by this section only by executive order of the governor. (b) The fund shall consist of: (1) moneys which are appropriated to the fund, or which are paid to it under authorization of the emergency board; (2) the proceeds of rental income received by the department of buildings and general services from the leasing of property under its supervision; and (3) fees to be paid by departments and agencies which shall be fixed by the commissioner of buildings and general services subject to the approval of the secretary of administration, based on rentals, janitorial services, supplies and other expenses necessarily incurred in providing space for such agencies. (c) Moneys from the fund shall be expended for rental of property for the purposes contemplated herein, and to defray the cost of custodial services and other expenses necessary to the proper use and enjoyment of such premises by the occupant. Moneys from the fund may also be expended for management of buildings and property under the jurisdiction of the department of buildings and general services including but not limited to inventory, appraisal, space study and allocation, and renovations. Cost of studies, renovations, alterations, and modifications shall not exceed $50, unless approved by the secretary of administration. (d) The department of buildings and general services shall be responsible for administering the interest of the state in all existing leases and rentals for purposes which are designated in subsection (a) of this section in which the state is either a landlord or a tenant and where the name of another department or agency appears in any such lease, the department of buildings and general services shall serve as the representative of that agency with all rights and responsibilities therein provided. All leases, rentals or renewals for the benefit of departments or agencies to which this section applies shall, beginning on July 1, 1969, be made and executed by and in the name of the commissioner of buildings and general services. (e) The commissioner of buildings and general services shall supervise the receipt and expenditure of moneys comprising the property management revolving fund, subject to the provisions of this section. He or she shall maintain accurate and complete records of all such receipts and expenditures and shall make an annual report on the condition of the fund to the house committee on corrections and institutions and the senate committee on institutions. All balances remaining at the end of a fiscal year shall be carried over to the following year. (Added 1969, No. 60; amended 1977, No. 247 (Adj. Sess.), 184; 1981, No. 66, 5, eff. May 1, 1981; 1983, No. 147 (Adj. Sess.), 4, eff. April 11, 1984; No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 242 (Adj. Sess.), 307; 1995, No. 148 (Adj. Sess.), 4(b), eff. May 6, 1996; 2005, No. 103 (Adj. Sess.), 3, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), 21; 2009, No. 33, 55; 2011, No. 139 (Adj. Sess.), 25, eff. May 14, 2012.) 29 V.S.A Space allocation, inventory, and use; leasing property; commissioner's preapproval required (a) For purposes of this section, "agency" shall mean every executive agency and the judicial department, every department not within an agency, every board, commission or other entity not attached to an agency or department for administrative purposes, every not-for-profit corporation or entity occupying

19 or using state-owned space, and shall include the offices of the chief justice of the Vermont supreme court, the court administrator's office, the auditor of accounts, the attorney general, the secretary of state and the state treasurer. "Agency" shall not mean, nor shall this section apply to, an entity not affiliated with the executive or judicial branch of state government and not located in state-owned property, even though the entity may receive state capital funds. This section shall not apply to the Vermont state colleges. (b) The commissioner of buildings and general services shall implement all reasonable and necessary measures to utilize all available space in all state buildings or structures before any improved property not owned by the state is leased to accommodate space needs of an agency. (c) Notwithstanding any provision of law to the contrary, the commissioner of buildings and general services shall have sole jurisdiction, sole authority and sole responsibility for making space allocations and designating uses in any portions of any building or structure for which the department of buildings and general services leases or pays for operation and maintenance expenses, or for which construction or fit-up was financed through an appropriation to the department of buildings and general services. (d) The commissioner of buildings and general services shall by rule establish procedures which all agencies shall follow in the leasing of real property. No agency shall enter into any lease, no lease shall be valid and no state funds shall be paid by the department of finance and management pursuant to the terms of any lease, unless the proposed lease has been pre-approved by the commissioner of buildings and general services. (e) The commissioner of buildings and general services shall maintain an inventory of all state-owned buildings and shall biannually compile and update the information received under subsection (g) of this section, which shall be considered once available in making spacing allocations and designating uses under subsection (c) of this section. (f) The commissioner of buildings and general services shall maintain an inventory and provide any known information on all existing rights-of-way, including all conduits, ducts, passages or attachments available, granted to or presently used by telecommunications carriers. The inventory shall describe the ownership of such rights-of-way and the used and existing capacity thereof. (g) The head of each agency shall prepare and forward to the commissioner of buildings and general services when requested by the commissioner in a format prescribed by the commissioner an inventory of: square footage available for use; square footage in actual use; square footage not in use; square footage used for storage; square footage that is unfinished; cost per square foot for rent; cost per square foot for operation and maintenance; and the source of funds for rent, operation and maintenance, including the act and section numbers of a legislative directive if applicable. (h) No state-owned space in any state-owned building, structure or other real property under the jurisdiction of the commissioner of buildings and general services may be leased, occupied or licensed for any purpose for less than its fair market value as determined by the prevailing area market prices for comparable space or property, except as follows: (1) The commissioner of buildings and general services may lease or license state-owned property under his or her jurisdiction for less than prevailing area market prices to municipalities, nonprofit organizations, school districts or to persons whose proposed activities are determined by the commissioner to serve a public purpose and when the term of the lease or license is less than three years. (2) The commissioner of buildings and general services may lease or license state-owned property under his or her jurisdiction for less than prevailing area market prices with the approval of the joint fiscal committee when the term of the lease or license is three years or longer, or when the lease or license requested is a renewal of a lease or license issued pursuant to subdivision (1) of this subsection. (i) In the event of a conflict between the provisions of this section and any other provision of law pertaining to state facilities, this section shall control. (Added 1995, No. 185 (Adj. Sess.), 43, eff. May 22, 1996; amended 1995, No. 148 (Adj. Sess.), 4(b); 1997, No. 150 (Adj. Sess.), 19; 1999, No. 29, 40, eff. May 19, 1999; 2001, No. 149 (Adj. Sess.), 35, eff. June 27, 2002.) 14

20 15 Construction of State Buildings 29 V.S.A Requirements on state construction projects (a) Bids; selection. (1) When the construction cost of any state project exceeds the sum of $50,000.00, the commissioner of buildings and general services shall publicly advertise or invite three or more bids. The contract for any such state project or improvement shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service, but the commissioner of buildings and general services with the approval of the secretary of administration, shall have the right to reject any and all bids and to invite other bids. (2) When using the design-build construction delivery process, the commissioner of buildings and general services shall publicly advertise or invite three or more bids. The award of a design-build contract shall be to the bidder determined by the commissioner to be most responsive to evaluation criteria established by the commissioner. Such criteria may include physical plant characteristics proposed, program response to space needs, ability of the design-build team, anticipated development schedule and overall cost considerations, including alternates, allowances and schedule of values. (b) Each contract awarded under this section for any state project with a construction cost exceeding $100, and which is authorized or funded in whole or in part by a capital construction act pursuant to 32 V.S.A. 701a, including such a project of the University of Vermont and State Agricultural College and of the Vermont State Colleges, shall provide that all construction employees working on the project shall be paid no less than the mean prevailing wage published periodically by the department of labor in its occupational employment and wage survey. (c) In the construction of any state project, local capable labor shall be utilized whenever practicable, but this section shall not be construed to compel any person to discharge or lay off any regular employee. (d) Subsections (a) through (c) of this section shall not apply to maintenance or construction projects carried out by the agency of transportation and by the department of forests, parks and recreation. (e) The agency of administration shall ensure that the state and any of its subdivisions do not contract, directly or indirectly, with employers who are prohibited from contracting by the commissioner of labor pursuant to 21 V.S.A. 692, 708, and 1314a or the commissioner of financial regulation pursuant to 8 V.S.A (f) The agency of administration shall maintain a current list of employers that have been prohibited from contracting with the state or any of its subdivisions, and the agencies of administration and of transportation shall publish that list on their websites. (Added 1973, No. 115, 1-3, eff. April 25, 1973; amended 1983, No. 147 (Adj. Sess.), 4(b), eff. April 11, 1984; 1993, No. 233 (Adj. Sess.), 76, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), 4(b), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), 72, eff. April 29, 1998; 1999, No. 148 (Adj. Sess.), 43, eff. May 24, 2000; 2005, No. 103 (Adj. Sess.), 3, eff. April 5, 2006; 2009, No. 142 (Adj. Sess.), 5b; 2011, No. 78 (Adj. Sess.), 2, eff. April 2, 2012.)