The Vermont Statutes Online

Title 29: Public Property and Supplies

Chapter 5: DEPARTMENT OF BUILDINGS AND GENERAL SERVICES

§ 151. Repealed. 1987, No. 243 (Adj. Sess.), § 32(1), eff. June 13, 1988.

§ 152. 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(2) [Repealed.]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 State-owned buildings:

(A) For which the General Assembly 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 General Assembly 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.

(C) For which the Department of Buildings and General Services is granted a right of first refusal. The Commissioner may, with the approval of the Secretary of Administration, enter into an agreement that grants the Department of Buildings and General Services a right of first refusal to purchase property, provided that the right of first refusal contains a provision stating that the purchase of the property shall occur only upon the approval of the General Assembly.

(4) Supervise construction, improvement, repair, alteration, demolition, and replacement of and addition to state buildings, structures, and facilities when the estimated cost thereof exceeds $3,000.00 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 available shall be the determining factors in deciding priority of repairs and replacements. When the Commissioner determines that repairs and replacements should be made, the Commissioner shall so report in writing to the department or agency having control of the building; and the Commissioner shall request written authorization from the head of that department or agency to initiate the action necessary to accomplish the repairs or replacements. The Commissioner shall forward a copy of his or her recommendations to the Secretary of Administration when the Commissioner considers the repairs or replacements recommended by the Commissioner to be urgent whenever the department 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.

(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 phase-out 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 Secretary of Education, when requested by the Secretary 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 $100,000.00.

(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 $50,000.00 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 all transfers and expenditures made pursuant to this subdivision (23).

(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 Secretary 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 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, § 331(b); 1983, No. 147 (Adj. Sess.), § 4, eff. April 11, 1984; 1983, 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; 1995, No. 178 (Adj. Sess.), § 296; 1995, No. 185 (Adj. Sess.), § 87, eff. May 22, 1996; 1999, No. 29, § 39, eff. May 19, 1999; 2001, No. 61, § 25; 2001, 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; 2009, 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; 2013, No. 51, § 33, eff. May 29, 2013.)

§ 153. Parking rules

The commissioner of buildings and general services may from time to time make, amend, revise or repeal parking rules for the use of land or structures either owned or leased by the state and which are under his or her jurisdiction and control. (Added 1969, No. 4, eff. Feb. 17, 1969; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.)

§ 153a. Use of conference rooms by legislators

Conference rooms in state office buildings shall be made available for use by members of the general assembly. (Added 1993, No. 233 (Adj. Sess.), § 66, eff. June 21, 1994.)

§ 154. 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.)

§ 155. Historic Property Stabilization and Rehabilitation Special Fund

(a) There is established a Special Fund managed by and under the authority and control of the Commissioner, comprising net revenue from the sale or lease of underutilized State-owned historic property to be used for the purposes set forth in this section. Any remaining balance at the end of the fiscal year shall be carried forward in the Fund; provided, however, that if the Fund balance exceeds $250,000.00 as of November 15 in any year, then the General Assembly shall reallocate funds not subject to encumbrances for other purposes in the next enacted capital appropriations bill.

(b) Monies in the Fund shall be available to the Department for the rehabilitation or stabilization of State-owned historic properties that are authorized by the General Assembly to be in the Fund program, for payment of costs of historic resource evaluations and archeological investigations, for building assessments related to a potential sale or lease, for one-time fees for easement stewardship and monitoring, and for related one-time expenses.

(c) On or before January 15 of each year, the Department shall report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions concerning deposits into and disbursements from the Fund occurring in the previous calendar year, the properties sold, leased, stabilized, or rehabilitated during that period, and the Department's plans for future stabilization or rehabilitation of State-owned historic properties.

(d) Annually, the list presented to the General Assembly of State-owned property the Commissioner seeks approval to sell pursuant to section 166 of this title shall identify those properties the Commissioner has identified as underutilized State-owned historic property pursuant to subsection (b) of this section.

(e) For purposes of this section, "historic property" has the same meaning as defined in 22 V.S.A. § 701. (Added 2011, No. 40, § 30, eff. May 20, 2011; amended 2011, No. 104 (Adj. Sess.), § 27, eff. May 7, 2012.)

§ 156. Repealed. 2009, No. 135 (Adj. Sess.), § 26(12)(A).

§ 157. Facilities condition analysis

(a) The Commissioner of Buildings and General Services shall:

(1) maintain the condition of buildings and infrastructure under the Commissioner's jurisdiction to provide a safe and healthy environment through sustainable practices and judicious capital renewal;

(2) conduct a facilities condition analysis each year of 20 percent of the building area and infrastructure under the Commissioner's jurisdiction so that within five years all property is assessed. At the end of the five years, the process shall begin again. The analysis conducted pursuant to this subsection shall include the thermal envelope of buildings and a report on the annual energy consumption and energy costs and recommendations for reducing energy consumption.

(b) The Commissioner may use up to two percent of the funds appropriated to the Department of Buildings and General Services for major maintenance and planning for the purpose described in subsection (a) of this section. (Added 2011, No. 104 (Adj. Sess.), § 24, eff. May 7, 2012.)

§ 158. Repealed. 2009, No. 135 (Adj. Sess.), § 26(12)(B).

§ 159. Building maintenance; appropriations

The sums appropriated for facilities operations shall be continuing and shall not revert to the state treasury at the end of the fiscal year and may be added to succeeding appropriations for facilities operations. (Added 1959, No. 328 (Adj. Sess.), § 32; amended 1965, No. 86; 1973, No. 39; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 178 (Adj. Sess.), § 297.)

§ 160. 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 inventory, appraisal, space study and allocation, and renovations. Cost of studies, renovations, alterations, and modifications shall not exceed $50,000.00 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; 1983, 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.)

§ 160a. Facilities Operations Internal Service Fund

(a) There is created a Facilities Operations Internal Service Fund in the Department of Buildings and General Services. The purpose of this Fund is to provide for:

(1) operating expenses for buildings, support facilities, and grounds;

(2) maintenance expenditures on buildings, support facilities, and grounds;

(3) major maintenance and renovation projects for buildings and support facilities;

(4) relocation expenses for State agencies;

(5) purchase of options for real estate acquisitions;

(6) payments to build or acquire buildings or support facilities as approved by the Legislature;

(7) debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities.

(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 buildings and property under its supervision.

(3) Fees paid by departments and agencies including the Legislative and Judicial Branches. The rate of said fees shall be proposed by the Commissioner of Buildings and General Services subject to the approval of the Secretary of Administration. Proposed rates shall be based upon the cost of operations, debt service, and depreciation.

(4) Revenue derived from the sale of properties.

(5) Moneys recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services.

(6) Moneys recovered as a result of litigation relating to facilities operations, construction, or renovations.

(7) Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the State has an ownership interest.

(c) All balances remaining at the end of a fiscal year shall be carried over to the following year. (Added 1999, No. 152 (Adj. Sess.), § 270; amended 2001, No. 61, § 29; 2001, No. 142 (Adj. Sess.), § 310, eff. June 16, 2002; 2011, No. 63, § E.121.)

§ 160b. Sale of milk and milk products at information centers

(a) The division for the blind and visually impaired is encouraged to sell milk and milk products, with a preference for the sale of Vermont-produced milk whenever feasible, in vending machines at rest areas and information centers in this state according to policies and rules established by the commissioner of buildings and general services.

(b) The commissioner shall designate areas within rest areas and welcome centers for the sale of milk and milk products with an emphasis on the sale of Vermont-made products. The commissioner, at his or her sole discretion, shall have the authority to designate the areas where sales may occur. (Added 2003, No. 63, § 72, eff. June 11, 2003.)

§ 161. 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 $100,000.00 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. § 3661.

(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.)

§ 162. Easements and rights-of-way

The commissioner of buildings and general services is authorized to grant easements and rights-of-way in connection with projects and land under his or her jurisdiction. In the event that the easement or right-of-way ceases to be used for the purpose granted, title to the easement shall revert to the state. (Added 1981, No. 48; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 185 (Adj. Sess.), § 42, eff. May 22, 1996.)

§ 163. [Reserved.]

§ 164. Leases

The governor may lease any land he or she deems can be used to advantage by the state in connection with any state institution or department. Leases so entered into shall be kept on file in the office of the secretary of state. The commissioner of the department of finance and information support shall issue his or her warrants for obligations incurred under the provisions of this section. (Amended 1977, No. 253 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(a); 2003, No. 63, § 26.)

§ 165. 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 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 preapproved by the Commissioner of Buildings and General Services. If a lease is entered into pursuant to this section, the Commissioner of Buildings and General Services shall preapprove any additional fees, reimbursements, charges, or fit-up costs in excess of the proposed lease rental rate.

(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; 2013, No. 51, § 26, eff. May 29, 2013.)

§ 166. Selling or renting state property

(a) As agent of the state, with the advice and consent of the governor unless otherwise provided, the commissioner of buildings and general services may lease for a term not exceeding 10 years any real property owned by the state and not used for state purposes.

(b) Upon authorization by the general assembly, which may be granted by resolution, and with the advice and consent of the governor, the commissioner of buildings and general services may sell real estate owned by the state. Such property shall be sold to the highest bidder therefor at public auction or upon sealed bids in the discretion of the commissioner of buildings and general services, who may reject any or all bids. Notice of the sale or a request for sealed bids shall be posted in at least three public places in the town where the property is located and also published three times in a newspaper having a known circulation in said town, the last publication to be not less than 10 days before the date of sale or opening of the bids. Failing to consummate a sale under the method prescribed in this section, the commissioner of buildings and general services is authorized to list the sale of this property with a real estate agent licensed by the state of Vermont. This subsection shall not apply to exchanges of lands or sales of timber made in accordance with the provisions of chapter 55 of Title 10.

(c) The provisions of subsections (a) and (b) of this section shall not be construed to allow the commissioner of buildings and general services to grant oil and gas leases on state-owned lands located within Vermont, but, with the approval of the governor, the commissioner of buildings and general services may sell or lease state lands for which an oil and gas lease has been granted, subject, however, to the terms and conditions of such oil and gas lease; provided, however, the commissioner shall be responsible for any interests owned by the state in oil and gas resources located outside the state and may, after consultation with the secretaries of administration and of natural resources, lease or sell any such interest.

(d) The net proceeds from the sale of any real property owned by the state shall be paid into a capital fund account to be used for future capital construction projects as authorized by the general assembly, except that such proceeds may be used as otherwise directed by the general assembly, which legislative direction may be by resolution.

(e) Notwithstanding the provisions of subsection (a) of this section, specific approval is hereby granted by the general assembly for the execution of new leases by an authorized state agent with the present lessees of individual camp lots on state lands on Groton, Marshfield and Ricker ponds for a period exceeding 10 years.

(f) It is the legislative intent that any future costs to the state agent resulting from conditions in the leases specified in subsection (e) of this section which would permit or require the purchase of property from lessees by the state agent shall be funded directly by the general assembly or, if it is not in session, by the emergency board.

(g)(1) Any person who on April 8, 1975, is a lessee of state lands on Groton, Marshfield and Ricker ponds may by letter petition the department of forests, parks and recreation in order to obtain a lease which runs to both the lessee and the lessee's spouse upon application and accompanying payment of $10.00. The department of forests, parks and recreation shall, within 30 days, prepare, execute and deliver to the lessee a new lease which runs to both lessee and lessee's spouse. All terms of the new lease shall be identical to the terms of the old lease. Upon execution of the new lease by lessee and lessee's spouse, the old lease shall be void.

(2) The petition brought by the lessee shall state that the lessee desires to have the lease run to both lessee and lessee's spouse. The petition shall include the full name of the lessee's spouse, the spouse's social security number, if any, and the full address of the spouse. (Amended 1959, No. 328 (Adj. Sess.), § 16(a); 1965, No. 155, § 2; 1973, No. 7; 1973, No. 179 (Adj. Sess.), eff. March 29, 1974; 1975, No. 29, § 1, eff. April 8, 1975; 1981, No. 240 (Adj. Sess.), § 8, eff. April 28, 1982; 1985, No. 217 (Adj. Sess.); 1987, No. 243 (Adj. Sess.), § 30, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 71, eff. April 29, 1998; 2003, No. 63, § 27; 2003, No. 121 (Adj. Sess.), § 35, eff. June 8, 2004.)

§ 167. Rental of state property to veterans' organizations

The commissioner of buildings and general services is hereby authorized to lease to national veterans' organizations, with established central offices in this state, the first floor of the Adams house on State Street in the city of Montpelier, or some comparable space in some other building in said city of Montpelier owned by state, federal, county or municipal government or by a private party, except the state capitol, state library, Pavilion state office building and the state office building at 120 State Street. Said lease shall be on a year-to-year basis with the right of renewal thereof by the lessee but with right of the lessor to terminate said lease upon notice of not less than six months to the said lessees. The rent shall be for the nominal sum of $1.00 per year for each tenant organization. Space allocations to the various organizations shall be made and may be modified from time to time by the commissioner of buildings and general services. Interior repairs and alterations shall be at the expense of the respective tenant subject to the approval of and under the supervision of the commissioner of buildings and general services and exterior repairs shall be at the expense of the state and under the supervision of the commissioner of buildings and general services. The expense of light, heat and water as proportionately allocated by the commissioner of buildings and general services shall be paid by the tenant organization into the property management fund established by section 160 of this title, expect that any costs above the proportional costs shall be paid out of the operating funds of the Vermont adjutant general. (Amended 1959, No. 328 (Adj. Sess.), § 16(b); 1987, No. 243 (Adj. Sess.), § 31, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1999, No. 1, § 100, eff. March 31, 1999; 1999, No. 148 (Adj. Sess.), § 42, eff. May 24, 2000; 2003, No. 63, § 28.)

§ 168. State resource management; Revolving Fund

(a) Resource management. The Department shall be responsible for administering the interest of the State in all resource conservation measures, including equipment replacement, studies, weatherization, and construction of improvements affecting the use of energy resources. All resource conservation measures taken for the benefit of departments or agencies to which this section applies shall, beginning on July 1, 2004, be made and executed by and in the name of the Commissioner.

(b) Revolving Fund.

(1) There is established a Resource Management Revolving Fund to provide revenue for implementation of resource conservation measures anticipated to generate a life cycle cost benefit to the State. All State agencies responsible for development and operations and maintenance of State infrastructure shall have access to the Revolving Fund on a priority basis established by the Commissioner.

(2) The Fund shall consist of:

(A) Monies appropriated to the Fund, or which are paid to it under authorization of the Emergency Board.

(B) Monies saved by the implementation of resource management conservation measures.

(C) Fees for administrative costs paid by departments and agencies, which shall be fixed by the Commissioner subject to the approval of the Secretary of Administration.

(D) [Deleted.]

(3) Monies from the Fund shall be expended by the Commissioner for resource conservation measures anticipated to generate a life cycle cost benefit to the State and all necessary costs involved with the administration of State agency energy planning as determined by the Commissioner.

(4) The Commissioner shall establish criteria to determine eligibility for funding of resource conservation measures.

(5) Agencies or departments receiving funding shall repay the Fund through their regular operating budgets according to a schedule established by the Commissioner. Repayment shall include charges of fees for administrative costs over the term of the repayment.

(6) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(7) The Commissioner of Buildings and General Services shall maintain accurate and complete records of all receipts by and expenditures from the Fund.

(8) All balances remaining at the end of a fiscal year shall be carried over to the following year. (Added 2003, No. 121 (Adj. Sess.), § 46, eff. June 8, 2004; amended 2007, No. 121 (Adj. Sess.), § 22; 2009, No. 33, § 56; 2011, No. 40, § 48, eff. May 20, 2011; 2011, No. 104 (Adj. Sess.), § 29, eff. May 7, 2012.)

§ 169. Brochure distribution fees

(a) The department of buildings and general services is authorized to accept brochure distribution fees, and to enter into agreements with other state agencies and departments to provide marketing, promotion, and advertising services.

(b) A special fund is established to be administered as provided under subchapter 5 of chapter 7 of Title 32, and to be known as the brochure distribution special fund for the purposes of ensuring that the fees collected under this section are utilized to fund travel destination promotion and information at the state's travel information centers. Revenues to the fund shall be those fees collected for the placement and distribution of brochures of businesses in the state travel information centers and in other locations deemed appropriate by the department.

(c) Brochure distribution fees authorized under subsection (a) of this section shall be set by the department and shall be based on the location or locations of distribution, the size of the brochures, and the number of brochures distributed. The department shall report the details of the fees established under this section every three years pursuant to 32 V.S.A. § 605. (Added 2007, No. 153 (Adj. Sess.), § 24.)

§ 170. Parking in state parking lots

(a) The commissioner of buildings and general services is authorized to place signs and markings on land or in structures owned or leased by the state, including state parking lots, directing the parking, stopping, standing and operation of motor vehicles. The driver or owner of any motor vehicle in a state-owned or controlled parking lot shall obey the instructions of any applicable posted sign or marking.

(b) Any sign or marking shall be presumed to have been placed at the direction of the commissioner unless the contrary is established by competent evidence.

(c) On land or in structures owned or leased by the state under the jurisdiction of the commissioner, the commissioner or designee, or an enforcement officer, is authorized, pursuant to section 1102 of Title 23, to move, remove or immobilize, or cause to be moved, removed or immobilized, any motor vehicle which is stopped, parked, standing or being operated contrary to applicable posted signs and markings or in the event of an emergency at the expense of the owner of the motor vehicle. (Added 1997, No. 62, § 6, eff. June 26, 1997; amended 1999, No. 29, § 41, eff. May 19, 1999; 2001, No. 61, § 35, eff. June 16, 2001.)