2023 Code of Alabama › Title 16 - Education. › Chapter 1 - General Provisions. › Section 16-1-2.4 - (Effective February 1, 2022) Management of Construction and Renovation of Property; Capital Improvement Projects; Transfer of Powers, Authority, and Jurisdiction.

Section 16-1-2.4
Management of construction and renovation of property; capital improvement projects; transfer of powers, authority, and jurisdiction.
THIS SECTION WAS AMENDED BY ACT 2022-367 IN THE 2022 REGULAR SESSION, EFFECTIVE OCTOBER 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) Notwithstanding any provision of law to the contrary, the governing board of each educational institution or state educational institution, as defined in Section 41-4-400(d), shall have full power and authority for, and on behalf of, the State of Alabama to do any or all of the following in relation to that institution:
(1) To acquire lands by purchase, condemnation, or otherwise.
(2) To plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities.
(3) To set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired.
(4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities.
(5) To enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.
(6) To receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.
(7) To charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of the governing board incurred under this section.
(8) To make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.
(9) To review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.
(10) To review and administer all design and construction contracts for facilities as provided for in this subsection.
(11) To review all emergency project declarations and to aid in the timely execution of emergency projects.
(12) To hire architects, inspectors, and any other personnel necessary for the purposes provided for in this subsection or the duties assigned under this section.
(b)(1)a. At any public K-12 school or at any public institution of higher education with a constitutionally created board of trustees, any capital improvement project with an estimated cost certified by a licensed architect or licensed engineer to be no more than five hundred thousand dollars ($500,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the Division of Construction Management within the Department of Finance.
b. The State Department of Education shall develop and distribute forms relating to projects subject to this subdivision for use by local boards of education. The department shall ensure that these forms do not require use of Division of Construction Management services for projects subject to this subdivision.
(2) Any repair or maintenance project with an estimated cost certified by a licensed architect or licensed engineer to be no more than five hundred thousand dollars ($500,000); any repair or maintenance of heating, ventilation, and air conditioning systems; and any roofing repair or maintenance shall not be subject to approval by the governing board of an educational institution or state educational institution.
(c) All powers, authority, and jurisdiction of the Division of Construction Management or the former Building Commission relating to any educational institution or state educational institution, including, but not limited to, those authorities currently established in Sections 16-1-2.2, 16-16-10(o)(2) and (p), 39-2-2(f)(1), 41-9-243, and 41-16-72(3)(a) through (f), which were previously transferred to the Division of Construction Management within the Department of Finance, are transferred to the governing board of that institution; provided, that the Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution.
(Act 2021-476, §2.)