§ 5 §1742 — Powers and duties

Maine § 5 §1742

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 4: FINANCE
• Ch. 153: PUBLIC IMPROVEMENTS

Text

The Department of Administrative and Financial Services, through the Bureau of General Services, has authority:
1.
Programs.
To require the development of overall long range public improvement programs for all departments and agencies of the State Government and to coordinate and present recommendations pertaining thereto to the Governor, the Governor-elect, the State Budget Officer and the Legislature;
2.
Inspection.
To regularly inspect state-owned and leased buildings in the State and report to the controlling department head whatever construction, repairs, alterations and improvements are determined necessary. If the Commissioner of Administrative and Financial Services considers it advisable, the commissioner shall make a similar report to the Governor;
3.
Advise.
Upon request to advise all state departments, agencies and school administrative units in connection with engineering and architectural questions and matters pertaining to any and all public improvements;
4.
Review.
To review the operation and maintenance of state-owned and leased buildings and property and to make recommendations with respect thereto to the Commissioner of Administrative and Financial Services and controlling department or agency head concerned;
5.
Data.
To prepare, at the request of the Governor or the Legislature, data pertaining to existing or proposed public improvements;
6.
Approve selection of architects and engineers and other professionals.
To approve the selection of architects and engineers registered in Maine and other professionals in the planning, design and monitoring of construction of public improvements consistent with the policy of this State that proposals for professional, architectural and engineering services for public improvements be publicly announced, and that contracts for those services be negotiated by the contracting authority on the basis of evaluation of professional competency and qualifications required for the type of services contemplated at fair and reasonable prices.
6-A.
Building code.
To adopt for design purposes for all public improvements the current Maine Uniform Building and Energy Code pursuant to Title 10, section 9722.
7.
Approve plans for public improvements.
To approve all proposals, plans, specifications and contracts for public improvements that the State or any of its agencies hold in fee or by leasehold interest and for school administrative unit projects costing in excess of $100,000. The commissioner shall, upon the request of a school administrative unit, provide consultation for any public improvement regardless of cost. The Bureau of General Services shall furnish a quarterly report to the project unit school board that details the services provided to the project during the time period covered by the report. The Bureau of General Services shall submit to the State Board of Education an annual report that summarizes the services provided each project;
8.
Inspection.
To inspect materials, equipment, methods used and changes in plans in making public improvements, and inspect public improvements during the course of construction or repair, and make such recommendations as may be indicated to the architect or engineer, when employed, to the controlling department or agency head or to the school administrative unit. The architect or engineer, when employed, shall provide adequate inspection of materials, equipment, methods and changes in plans on all projects under the architect's or engineer's supervision;
9.
Recommendations.
To require prompt inspection upon the completion of any public improvement and to make recommendations promptly for the acceptance or rejection thereof to the authority which approved the execution of the project;
10.
Inventory.
11.
Listing of real estate.
To require the listing of real estate belonging to or under lease to the State Government, showing controlling agency, location, metes and bounds, cost or rental rate and when acquired or rented;
12.
Demolish obsolete buildings.
To demolish or otherwise dispose of buildings and appurtenances, excluding land, belonging to the State that have become hazards, obsolete or are unjustifiably expensive to maintain. Such demolition or other disposal shall be on the recommendation of the department or agency head having jurisdiction over the buildings and appurtenances concerned and under such terms and conditions as deemed by the Governor to be in the best interests of the State;
13.
File of plans.
To collect and maintain a complete and accurate file of drawings showing plans of location and situation of all public improvements;
14.
Records.
To collect and maintain records of construction costs and progress of all public improvements;
15.
Supervision of State House and grounds.
To have general supervision of the State House and the grounds specified in Title 3, section 902‑A, subsection 2, and to make repairs and alterations in and about such grounds and buildings at the direction of the Legislative Council or the Executive Director of the Legislative Council, as provided in Title 3, section 902, subsection 3;
16.
Maintain public park in Augusta.
To maintain all that portion of the state lands specified in Title 3, section 902, subsection 2, in accordance with the official plans proposed by the State House and Capitol Park Commission to the Legislative Council and adopted by the Legislature pursuant to Title 3, section 902, subsection 1;
17.
Food service.
To provide, with the consent of the Governor, food service in the state office buildings located at the seat of government and elsewhere in the State as may be determined by the Governor;
18.
Assign rooms.
To assign rooms in all buildings used by the State for offices and determine the occupancy thereof in such manner as the public service may require;
19.
Facilities required by State.
19-A.
Real property leases required by State.
Except as provided in section 1742‑D, to locate, negotiate and manage all real property leases required by departments and agencies of State Government;
19-B.
Real property interests acquired by State.
20.
Utility services.
20-A.
Utility services.
To purchase or contract or approve the purchasing or contracting for electric, water, sewerage and gas services for any department and agency of State Government and to grant necessary easements for utilities;
20-B.
Renewable energy credits; purchase, retirement and sale.
To purchase, retire and sell renewable energy credits. Net proceeds from the purchase, retirement or sale of renewable energy credits must first be applied to achieve the State's obligation under section 1766‑A to supply electricity used in state-owned buildings with 100% renewable resources. If the State generates more renewable energy credits than needed to fulfill the obligation under section 1766‑A, the credits may be sold and the proceeds placed in a Lead by Example Program Other Special Revenue Funds account established pursuant to section 1742‑H. For purposes of this subsection, "renewable energy credit" has the same meaning as in Title 35‑A, section 3210, subsection 2, paragraph B‑2.
21.
Rules.
To make rules, subject to the approval of the Commissioner of Administrative and Financial Services for the purposes of carrying out this subchapter;
22.
Drug-related seized property.
23.
Inventory of land.
To annually inventory all land owned by any state agency or semiautonomous state agency, and, together with other state agencies and semiautonomous state agencies, determine land that is needed by state agencies or semiautonomous state agencies for other uses and land that is surplus. Prior to offering any land for sale, the commissioner shall review with the Maine Redevelopment Land Bank Authority and other state agencies and semiautonomous state agencies the information derived from the inventory. For the purposes of this subsection, "semiautonomous state agency" has the same meaning as in section 1972, subsection 9.
24.
Application of air ventilation standards.
To apply Maine Uniform Building and Energy Code ventilation standards to buildings occupied by state employees. These standards must be applied to buildings that are constructed or substantially renovated by the State and to buildings for which the State enters into new leases or renews leases. For the purpose of this subsection, "substantial renovation" means any renovation for which the cost exceeds 50% of the buildings' value.
25.
Sites for child care programs.
To review, in cooperation with the Office of Child Care Coordination in the Department of Health and Human Services, feasible sites for child care programs offered primarily as a service to state employees pursuant to Title 22, section 8307, subsection 2;
26.
Rental income.
To credit income from the rental of facilities in Limestone to the Department of Administrative and Financial Services, Bureau of General Services, Other Special Revenue Funds account. These funds must be used for repairs, capital improvements and other costs of managing the facilities operated by the Maine Military Authority in Limestone.
27.
Disaster assistance.
28.
State landfills.
To own, design, develop or operate, or contract with private parties to operate, solid waste disposal facilities, as provided in Title 38, chapter 24, subchapter 4; and
29.
Accept contributions.
To accept contributions from public and private sources for the maintenance, repair and construction of state facilities. Contributed funds must be invested as provided by law with the earnings credited to the appropriate fund to be used for the same purposes.
The head of any agency, board, commission, department of the State Government or school administrative unit, not otherwise exempted by law, who contemplates any public improvement, must first obtain the approval of the Director of the Bureau of General Services for such work. This paragraph is not intended to restrict the head of any agency, board, commission or department of the State Government from making emergency repairs to any state-owned building, public work or property or any property under lease to the State Government or to restrict any school administrative unit under like conditions that is under that person's supervision and control whenever it appears that such repairs are immediately necessary to prevent injury to persons or further damage to such buildings or property.

Legislative History

PL 1967, c. 307 (AMD). PL 1967, c. 409, §1 (AMD). PL 1971, c. 542, §§2-5 (AMD). PL 1973, c. 154, §2 (AMD). PL 1973, c. 741 (AMD). PL 1975, c. 771, §§78-81 (AMD). PL 1979, c. 223 (AMD). PL 1983, c. 824, §Y (AMD). PL 1985, c. 340 (AMD). PL 1985, c. 457, §4 (AMD). PL 1985, c. 481, §§A11,12 (AMD). PL 1985, c. 501, §§B15,16 (AMD). PL 1985, c. 737, §A16 (AMD). PL 1985, c. 785, §§A63-68 (AMD). PL 1985, c. 785, §B31 (AMD). PL 1987, c. 282, §1 (AMD). PL 1987, c. 402, §§A41,A42 (AMD). PL 1987, c. 407, §§1-3 (AMD). PL 1987, c. 733, §§1-3 (AMD). PL 1987, c. 741, §§1-3 (AMD). PL 1987, c. 820, §1 (AMD). PL 1989, c. 410, §18 (AMD). PL 1989, c. 483, §§A14,A15 (AMD). PL 1989, c. 502, §§A15-18 (AMD). PL 1989, c. 596, §N2 (AMD). PL 1991, c. 9, §§L1,2 (AMD). PL 1991, c. 780, §§Y53-58 (AMD). PL 1995, c. 665, §G1 (AMD). PL 1997, c. 90, §2 (AMD). PL 1997, c. 499, §1 (AMD). PL 2001, c. 506, §1 (AMD). PL 2001, c. 606, §1 (AMD). PL 2001, c. 607, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 386, §L1 (AMD). PL 2005, c. 519, §W1 (AMD). PL 2005, c. 634, §§4-7 (AMD). PL 2007, c. 488, §1 (AMD). PL 2009, c. 1, Pt. CC, §§1-4 (AMD). RR 2011, c. 2, §2 (COR). PL 2011, c. 655, Pt. GG, §1 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF). RR 2013, c. 1, §§10, 11 (COR). PL 2017, c. 234, §1 (AMD). PL 2017, c. 284, Pt. P, §§1-3 (AMD). PL 2017, c. 288, Pt. B, §1 (AMD). PL 2021, c. 554, §§1, 2 (AMD). RR 2023, c. 2, Pt. B, §57 (COR). PL 2025, c. 25, §1 (AMD). PL 2025, c. 264, §1 (AMD). PL 2025, c. 388, Pt. I, §1 (AMD).