Vermont § 165 - Space allocation, inventory, and use; leasing property; Commissioner’s preapproval required

§ 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.)