Bill Text: MS HB736 | 2018 | Regular Session | Engrossed
Bill Title: Space Optimization Act; create to implement efficient assignment and use of office space in state buildings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-13 - Approved by Governor [HB736 Detail]
Download: Mississippi-2018-HB736-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Property
By: Representative Weathersby
House Bill 736
(As Passed the House)
AN ACT TO CREATE THE SPACE OPTIMIZATION ACT; TO AMEND SECTION 29-5-2, MISSISSIPPI CODE OF 1972, TO REQUIRE SPACE UNDER THE JURISDICTION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO BE EVALUATED WHEN A STATE AGENCY SEEKS ADDITIONAL SPACE OR RELOCATION USING THE CRITERIA OF COST, LEASE TERM, AVAILABLE FUNDS TO FACILITATE THE RELOCATION AND IDENTIFICATION OF A MORE SUITABLE TENANCY; TO AMEND SECTION 31-11-27, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH STATE INSTITUTION OF HIGHER LEARNING, COMMUNITY AND JUNIOR COLLEGE TO INCLUDE A CURRENT CONDITIONS AND RATING REPORT OF ALL ROOFS IN THEIR CAPITAL NEEDS ASSESSMENTS REQUIRED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO PROVIDE THAT EACH ROOF SHALL BE VISUALLY INSPECTED BY INSTITUTION OR AGENCY FACILITIES' STAFF, A LICENSED ARCHITECT OR ENGINEER OR BY THERMAL IMAGING INSPECTION EVERY THREE YEARS; TO REQUIRE THE DEPARTMENT TO SUBMIT THE DETAILED REPORT TO THE PUBLIC PROPERTY COMMITTEES OF THE HOUSE AND SENATE ON OR BEFORE SEPTEMBER 1 OF EACH YEAR; TO REQUIRE THE REPORTS TO CONTAIN PRIORITIZED LISTS OF PROJECTS RANKED ON THE BASIS OF NEED CONSISTENT WITH THE PRIMARY GOAL OF PRESERVING EXISTING CAPITAL ASSETS WHERE POSSIBLE AND REPLACING EXISTING CAPITAL ASSETS WHERE NECESSARY; TO PROVIDE THAT ANY REQUEST FOR NEW CONSTRUCTION SHALL IDENTIFY ANY FUNDING SOURCES AVAILABLE TO SUPPORT THE CONSTRUCTION PROJECT AND ANY PROPOSED FUNDING FOR FUTURE OPERATING, REPAIR AND RENOVATION COSTS; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONDUCT A DETAILED STUDY AND SPACE OPTIMIZATION MASTER PLAN EVERY FIVE YEARS; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REQUIRE ANY STATE AGENCY TO FILE SPACE NEEDS IN A FORM DEEMED NECESSARY BY THE DEPARTMENT BY NO LATER THAN JANUARY 1 OF THE REPORTING YEAR; TO REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL UPDATE IDENTIFYING THE PROGRESS ON ACHIEVING SPACE OPTIMIZATION IN YEARS THE STUDY AND SPACE OPTIMIZATION MASTER PLAN ARE NOT DUE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-5-2, Mississippi Code of 1972, is amended as follows:
29-5-2. The duties of the Department of Finance and Administration shall be as follows:
(a) (i) To exercise
general supervision and care over and keep in good condition the following
state property located in the City of Jackson: the New State Capitol Building,
the Woolfolk State Office Building and Parking Garage, the Carroll Gartin
Justice Building, the Walter Sillers Office Building and Parking Garage, the War
Veterans' Memorial Building, the Charlotte Capers Building, the William F.
Winter Archives and History Building, the Mississippi Museum Complex, the Gulf,
Mobile and Ohio Train Depot (GM&O Depot), the Old State Capitol Building,
the Governor's Mansion, the Heber Ladner Building, the Robert E. Lee Office
Building, the Robert E. Lee Parking Garage, the former Naval Reserve Center,
515 East Amite Street, 620 North Street, 660 North Street, 700 North State
Street, the State Records Center, the Robert G. Clark, Jr. Building, the
Mississippi State Fairgrounds Complex, * * * the former Central High Building, as well as all state-owned
or leased buildings situated on seat of government property.
(ii) To exercise general supervision and care over and keep in good condition the Dr. Eldon Langston Bolton Building located in Biloxi, Mississippi.
(iii) To exercise general supervision and care over and keep in good condition the State Service Center, located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.
(iv) To exercise general supervision and care over and keep in good condition any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:
1. The National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;
2. The Mississippi Sports Hall of Fame;
3. The Mississippi Crafts Center;
4. The Mississippi Children's Museum; and
5. The Mississippi Arts and Entertainment Center.
(b) To assign suitable office and other necessary space for the various state departments, officers and employees who are provided with an office in any of the buildings under the jurisdiction or control of the Department of Finance and Administration. However, the assignment of space in the New Capitol Building shall be designated by duly passed resolution of the combined Senate Rules Committee and the House Management Committee, meeting as a joint committee, approved by the Lieutenant Governor and Speaker of the House of Representatives. A majority vote of the members of the Senate Rules Committee and a majority vote of the members of the House Management Committee shall be required on all actions taken, resolutions or reports adopted, and all other matters considered by the full combined committee on occasions when the Senate Rules Committee and the House Management Committee shall meet as a full combined committee.
(c) To approve or
disapprove with the concurrence of the Public Procurement Review Board, any
lease or rental agreements by any state agency or department, including any
state agency financed entirely by federal and special funds, for space outside
the buildings under the jurisdiction of the Department of Finance and
Administration, including space necessary for parking to be used by state
employees * * * or visitors of such agencies. In no
event shall any employee, officer, department, federally funded agency or
bureau of the state be authorized to enter into a lease or rental agreement
without prior approval of the Department of Finance and Administration and the
Public Procurement Review Board. Where space under the jurisdiction of the
Department of Finance and Administration is, or can be made available for any
state agency or department seeking space, relocation or such state agency or
department to such space shall be evaluated and considered where:
(i) The total cost to the state over a twenty-year period to accommodate to such space is no greater than the cost to lease space outside the jurisdiction of the Department of Finance and Administration over the twenty-year period;
(ii) The funds to accommodate the relocation are available to the state agency or department and/or the Department of Finance and Administration; and
(iii) The Department of Finance and Administration has not identified other more suitable tenant(s) for such space in the space optimization master plan.
The Department of Finance and Administration is authorized to use architects, engineers, building inspectors and other personnel for the purpose of making inspections as may be deemed necessary in carrying out its duties and maintaining the facilities.
(d) To acquire by lease, lease-purchase agreement, or otherwise, as provided in Section 27-104-107, and to assign through the Office of General Services, by lease or sublease agreement from the office, and with the concurrence of the Public Procurement Review Board, to any state agency or department, including any state agency financed entirely by federal and special funds, appropriate office space in the buildings acquired.
(e) [Repealed]
SECTION 2. Section 31-11-27, Mississippi Code of 1972, is amended as follows:
31-11-27. (1) (a) The Department of Finance and Administration shall conduct a detailed study of the building and other capital needs at each state institution and at each junior college immediately prior to September first in each year. This study shall include, but shall not be limited to, the following matters:
(i) An inventory of every state building and other capital facility which is the property of the State of Mississippi;
(ii) The location, date of construction or acquisition, the purpose for which used, outstanding indebtedness against such facility, if any, and cost of repairs for the preceding fiscal year;
(iii) An examination of the condition of the building or other facility, including current conditions and ratings of all roofs at each state agency, state institution of higher learning, community college and junior college;
(iv) An estimate of the cost of repairs required to place the facility in good condition;
(v) An estimate of the cost of major renovations, if contemplated; and
(vi) A determination of the new building and other facility needs of each institution with such needs classified under immediate or long range requirements.
(b) All state agencies, departments and institutions are hereby authorized and directed to cooperate with the Department of Finance and Administration in carrying out the provisions of this section. For purposes of validating subsection (1)(a)(iii) above, each roof must be visually inspected by institution or agency facilities' staff, by a licensed architect or engineer or by thermal imaging inspection at least every three (3) years.
(c) The Department of Finance and Administration shall submit a detailed report to the Legislative Budget Office, the House Public Property Committee and the Senate Public Property Committee on or before September first of each year. Such report shall be in such detail and in such form as may be prescribed by the Legislative Budget Office.
(d) The architect or building inspector of the Department of Finance and Administration shall make a biennial inspection of the New Capitol, Old Capitol, Woolfolk State Office Building, War Memorial Building, the Governor's Mansion, and all other buildings under jurisdiction of the Department of Finance and Administration for structural or other physical needs or defects of such buildings, and he shall further inquire of the department or its representatives regarding the condition of the buildings. He shall make a written report of his finding to the Department of Finance and Administration, Governor, Lieutenant Governor and Speaker of the House of Representatives. The report shall also make recommendations for repairs and list, by number, the priority which should be given to making necessary repairs.
(2) (a) In addition to any
report required in subsection (1) of this section, the Department of Finance
and Administration shall prepare and submit an annual report to the Legislative
Budget Office, the House Public * * * Property
Committee and the Senate Public Property Committee describing the proposed
capital improvements projects for state agencies, departments and institutions
for the upcoming five-year period. The Department of Finance and
Administration shall not be required to include in the report any project
costing less than One Million Dollars ($1,000,000.00). The department shall
submit the report before September 1 of each year. The report shall include at
least the following information:
(i) A prioritized list of the projects proposed for the five-year period, with each project ranked on the basis of need, consistent with the primary goal of preserving existing capital assets where possible and replacing existing capital assets where necessary;
(ii) A prioritized list of the projects proposed for the next regular legislative session, with each project ranked on the basis of need, consistent with the primary goal of preserving existing capital assets where possible and replacing existing capital assets where necessary;
(iii) A prioritized list of the projects requested by each state agency, department or institution;
(iv) A detailed explanation of criteria used by the Department of Finance and Administration to rank projects for purposes of any list it prepares under this paragraph (a);
(v) A detailed statement of justification for each project;
(vi) The approximate cost for each project, including, but not limited to, itemized estimates of costs for preplanning, constructing, furnishing and equipping a project, and costs for property acquisition;
(vii) The estimated beginning date and completion date for each project;
(viii) Whether a project, as proposed, is a complete project or a phase or part of a project;
(ix) How a project will affect the operating budget of the applicable agency, department or institution for the upcoming five-year period, regarding such items as additional personnel requirements, utility costs, maintenance costs, security costs, etc. Any request for new construction other than replacement, or for purposes other than incidental expansion of existing facilities, shall also identify any source of nonstate funds to support such project as well as any proposed source of funds for future operating, repair and renovation costs;
(x) The proposed method of financing each project and the effect such financing will have on the state budget, including an estimate of any required debt service for the project, and an estimate of any federal funds or other funds that the agency, department or institution may have access to because of the project; and
(xi) A list of the projects requested by each agency, department or institution for the five-year period, with each project ranked by the appropriate agency, department or institution on the basis of need.
(b) To enable the Department of Finance and Administration to prepare the report required in this subsection (2), it may require all state agencies, departments and institutions to file a capital improvements projects request with such information and in such form and in such detail as the department may deem necessary and advisable. Such request shall be filed with the Department of Finance and Administration no later than August 1 of each year.
(3) (a) In addition to any reports required under subsections (1) and (2) of this section, the Department of Finance and Administration shall conduct a detailed study and space optimization master plan for the office space assigned in state office buildings under its jurisdiction no less than every five (5) years to ensure space is utilized in the most efficient and cost effective manner feasible. The department shall submit the report to the Legislative Budget Office, the House Public Property Committee and the Senate Public Property Committee on or before September 1 of each year that the report is due. The report shall include the following information:
(i) A list of state agencies, departments and institutions housed in such state office buildings, the buildings at which they are located, the amount of space assigned to each tenant and the number of occupants housed therein;
(ii) A list of leases of state agencies and departments including the institutions of higher learning and community and junior colleges, their location, the amount of space leased, the number of occupants housed therein, where applicable, and the cost of such lease;
(iv) Recommendations for agencies and departments not currently housed in state office buildings which offer potential cost savings, space optimization opportunities and efficiencies from utilization of shared spaces or resources in State Office Buildings;
(v) A space optimization master plan identifying a prioritized list of projects, including approximate cost and schedule to optimize the space of or relocate current tenants, to add new tenants, or to remove current tenants in order to bring all space usage into compliance with space utilization standards and guidelines; and
(vi) Any recommendations for the acquisition, construction or disposal of buildings or real property necessary to optimize the housing and support of state agencies, departments and institutions, including an analysis of total cost of ownership to the state.
(b) To enable the Department of Finance and Administration to prepare the report required in this subsection (3), it may require any state agency, department or institution to file space needs including such information and in such form and in such detail as the department may deem necessary and advisable. The information shall be filed with the Department of Finance and Administration no later than January 1 of each year the report is due.
(c) In years that the study and master plan are not due, the Department of Finance and Administration shall submit to the Legislative Budget Office, on or before September 1, an annual update identifying any progress on achieving the space optimization master plan recommendations during the preceding fiscal year.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
