Governor Deval Patrick's Budget Recommendation - House 2 Fiscal Year 2015

Outside Section 4



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Integrated Facilities Management of State Properties

SECTION 4.   (A) Section 1 of chapter 7C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of "master plan" the following definition:-
"Operational services", day-to-day, routine, normally recurring upkeep and services necessary to the ongoing management and operation of a facility, other than those provided to maintain the building structure and elevators, electrical, mechanical and related building systems. Operational services includes, but is not limited to, janitorial services, cleaning, security services, trash removal, mowing, snow removal, window washing and similar non-construction related services.

(B) Said section 1 of said chapter 7C, as so appearing, is hereby further amended by inserting after the word "property'", in line 99, the following words:- or "property".

(C) The second paragraph of section 2 of said chapter 7C, as so appearing, is hereby amended by adding the following clause:-
(f) direction, control, supervision and oversight as to the operational services, maintenance, repair and management of specific capital facilities under an agreement between the commissioner and the agency, the administrative office of the trial court or building authority under section 26.

(D) Section 4 of said chapter 7C, as so appearing, is hereby amended by adding the following clause:-
(5) Control and supervision of operational services, maintenance, repair and management related building projects and operational services for particular facilities over which the division would not otherwise have authority when transferred or assumed under agreements with state agencies or building authorities under section 26.

(E) Section 5 of said chapter 7C, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- A state agency, the administrative office of the trial court or building authority may, by agreement with the commissioner, delegate the control and supervision of all or some portion of its building projects to the commissioner, notwithstanding the scope of work or dollar value of the projects under section 26.

(F) The first paragraph of section 24 of said chapter 7C, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The director office shall have proven ability and at least 10 years of experience in the management and oversight of operation, maintenance and repair of buildings.

(G) Section 26 of chapter 7C, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding the foregoing procedures, an agency or building authority, with the approval of the secretary of the executive office in which the agency is located or, in the case of a building authority, the approval of the board of trustees of the relevant institution, may voluntarily transfer to the division of capital asset management and maintenance the supervision and control of operational services, maintenance, repair, and management of real property, if the transfer and its scope are agreed upon and approved by the commissioner and the secretary of administration and finance. Upon approval of the transfer, the secretary of administration and finance shall immediately file a written notice with the budget director, the comptroller, the house and senate committees on ways and means, and the house and senate committees on post audit and oversight, specifying the scope of the authority so transferred and its duration. Where the commissioner has assumed this control and supervision, the commissioner shall make quarterly reports to the secretary of administration and finance on the status of the operational services, maintenance, repair and management so assumed. Any real property which has been vacated by an agency or institution, and with respect to which all operational services, maintenance, repair and management responsibilities have been transferred to the division as provided in the preceding sentence, shall be considered real property assigned by law to the division for the purposes of section 33.

(H) Said chapter 7C is hereby amended by inserting after section 28 the following section:-
Section 28A. The commissioner may charge an agency or building authority occupying real property for which the division of capital asset management and maintenance has assumed responsibility for the supervision and control of operational services, maintenance, repair, and management of real property under this chapter or any other general or special law, for the reasonable costs of providing the operational services, maintenance, repair and management. These costs may include, but shall not be limited to, costs for utilities, snow plowing, landscape maintenance, cleaning and janitorial services. The division may charge and collect a fee sufficient to cover its reasonable costs of providing these services.

(I) Section 33 of said chapter 7C, as so appearing, is hereby amended by striking out, in line 37, the words "the greater part of" and inserting in place thereof the following word:- all.

(J) The sixth paragraph of said section 33 of said chapter 7C, as so appearing, is hereby further amended by adding the following sentence:- Real property the operational services, maintenance, repair and management of which has been transferred to the division, and that has been determined surplus in whole or in part to the needs of the occupying agency or building authority with the consent of the occupying agency, shall be considered real property assigned by law to the division for the purposes of this section.

(K) Section 33 of chapter 7C, as so appearing, is hereby amended by deleting the 7th paragraph and inserting in place thereof the following paragraph:-
The commissioner, in consultation with the secretaries of the executive offices or the chief justice of the administrative office of the trial court as the commissioner considers appropriate and with the written approval of the secretary of administration and finance, may transfer and change the use of, or may transfer responsibility for operational services, management, repair, and maintenance of, or both, land, buildings and other real property of the commonwealth, other than the state house and property subject to amendment XCVII to the constitution of the commonwealth, within or between state agencies including, without limitation, to the division and the judiciary. Such a transfer shall be based on a determination, made by the commissioner with the advice of the executive heads of affected agencies and secretaries of the executive offices in which the agencies are located, that the property or any part of it is not needed or is not being put to optimum use under current conditions. The commissioner shall submit a report on any such transfer to the chairs of the house and senate ways and means committees and the joint committee on state administration and regulatory oversight and the members of the general court representing the municipality in which the property is located not less than 30 days before the effective date of the proposed transfer. An agency need not purchase or make payment, whether directly or indirectly, to acquire property or part of it, which is made available for that agency's use. As a condition of the transfer of property to a state agency, the commissioner may require that the agency be financially responsible for any outstanding lease, contractual or debt obligations previously incurred by the commonwealth to acquire or improve the property and for any future maintenance, security and improvement costs for the property.

(L) Section 41 of chapter 7C, as so appearing, is hereby amended by inserting after the word "jurisdiction", in line 4, the following words:- , but the division may make expenditures and perform maintenance for any real property for which the division has the obligation to perform maintenance and repair operations under this chapter.

(M) Notwithstanding any general or special law to the contrary, employees of any state agency which enters into an agreement with the division of capital asset management and maintenance providing for the division to maintain buildings facilities as determined by the division of capital asset management and maintenance, may be transferred to the division of capital asset management and maintenance. An employee so transferred shall not suffer any interruption of service, impairment of seniority, retirement or other rights of the employee, any reduction in compensation or salary grade notwithstanding any change in title or duties resulting from such transfer, any loss of accrued rights to holidays, sick leave, vacation or benefits, or any change in union representation or certified collective bargaining unit as certified by the department of labor relations or in local union representation or affiliation. A collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment in that agreement shall continue as if the employees had not been so transferred. The transfer shall not impair the civil service status of a transferred employee who immediately before the effective date of that transfer either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of section 9A of chapter 30 of the General Laws. Notwithstanding any general or special law to the contrary, an employee so transferred shall retain the right to collectively bargain under chapter 150E of the General Laws and shall be considered employees of the division of capital asset management and maintenance for the purposes of said chapter 150E. Nothing in this section shall confer upon any employee any right not held immediately before the date of the transfer, or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before that date.
 
 

Summary:
In order to implement DCAMM's integrated facilities management program, this section includes among the agency's responsibilities the operation of state buildings and other facilities. DCAMM will have the authority to charge agencies for these operational costs. The section also allows the transfer of certain agency employees to DCAMM, with the usual protection of their collective bargaining and civil service rights.



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