Vermont § 152 - Duties of Commissioner

§ 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 (2) [Repealed.]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 on an individual property without prior legislative approval, for a price
  not to exceed five percent of the listed sale price of the property, 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 five percent
  of the listed sale price of the property, 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 as provided in subdivision (3) of this subsection,
  and highways as defined in 1 V.S.A. § 119 and aeronautics facilities. The Commissioner shall supervise the maintenance of all
  State buildings. (5) [Repealed.] (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 interests of the State. (9) This section shall not apply to State-owned buildings under the jurisdiction and control
  of the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife;
  the Military Department; and property at State airports under the jurisdiction of
  the Agency of Transportation. 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 that 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 that will result in better public
  service and increased productivity. (13) Ensure 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) Adopt rules to govern access to and conduct upon the grounds of and within the structures
  and buildings that fall within his or her jurisdiction. Specifically, and without
  limitation of the foregoing, the Commissioner is empowered to adopt 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) Consult with the Secretary of Education, when requested by the Secretary, concerning
  school construction projects. (16) 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 interests 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 a biennial capital construction 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 $200,000.00, or with the additional
  approval of the Emergency Board when such balance exceeds $200,000.00. (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 $100,000.00 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
  regarding all transfers and expenditures made pursuant to this subdivision. The provisions
  of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
  subdivision. (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 career technical center receiving funding
  under Title 16. The Commissioner, in collaboration with the Secretary of Education,
  shall periodically update the standards developed pursuant to 2000 Acts and Resolves
  No. 148, Sec. 44. (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 adopted 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. 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 that 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 Heat 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; 2013, No. 92 (Adj. Sess.), §§ 280, 281, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 44; 2015, No. 23, § 133; 2015, No. 131 (Adj. Sess.), § 30; 2017, No. 113 (Adj. Sess.), § 171; 2017, No. 154 (Adj. Sess.), § 29, eff. May 21, 2018; 2021, No. 74, § E.103.2; 2023, No. 162 (Adj. Sess.), § 19, eff. June 6, 2024.)