2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 4: FINANCE › Chapter 153: PUBLIC IMPROVEMENTS › Subchapter 1: POWERS; BIDS AND CONTRACTS GENERALLY › 5 §1742-D. Bureau of General Services; real property leases

§1742-D. Bureau of General Services; real property leases
1.  Work closely with all departments and agencies.
The Bureau of General Services shall work closely with all departments and agencies in locating real property leases to ensure that agency program requirements are met to the maximum extent possible. The bureau shall:
A. Maintain records of state agency real property leasing needs and all available space owned, leased and potentially available for lease, and make this information available to all state agencies;   [PL 1991, c. 9, Pt. L, §3 (NEW).]
B. Monitor market prices for real property leases on a regional basis and establish rates to be charged to state agencies on an annual basis; and   [PL 1991, c. 9, Pt. L, §3 (NEW).]
C. Hold all real property leases to ensure they are negotiated and managed to the best economic advantage of the State.   [PL 1991, c. 9, Pt. L, §3 (NEW).]
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
2.  Establish standards; waiver.
The Bureau of General Services shall establish the following:
A. Standards for occupant safety and comfort in leased space that are consistent with law and all applicable building, fire, accessibility and environmental codes; and   [PL 2021, c. 348, §10 (AMD).]
B. By July 1, 1991, standards for space use for all state facilities that ensure the equitable and efficient distribution of available floor space, including common areas, consistent with cost, program and functional objectives.   [PL 1991, c. 9, Pt. L, §3 (NEW).]
The Director of the Bureau of General Services may provide a waiver of the standards and criteria established under this section if the director concludes that the unique conditions of location, program or employee function require such a waiver or in order to meet the purpose of Title 30‑A, section 4349‑A, subsection 2, relating to priority locations for state office buildings, courts and other state civic buildings.
[PL 2021, c. 348, §10 (AMD).]
3.  Real Property Lease Internal Service Fund Account established.
The Bureau of General Services shall establish, through the Office of the State Controller, the Real Property Lease Internal Service Fund Account. The funds deposited in the account must include, but not be limited to, appropriations made to the account, funds transferred to the account from within the Department of Administrative and Financial Services and funds received from state departments and agencies using leasing services provided by the bureau.
[PL 1991, c. 780, Pt. Y, §59 (AMD); PL 2003, c. 600, §4 (REV).]
4.  Charges for leasing services.
The Bureau of General Services may levy charges according to a rate schedule recommended by the Director of the Bureau of General Services and approved by the Commissioner of Administrative and Financial Services against all departments and agencies using leasing services pursuant to this section.
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
5.  Submission of budget.
The Bureau of General Services shall submit a budget of estimated revenues and costs incurred by the account in connection with the leasing services established in this section.
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
6.  Staff.
The Director of the Bureau of General Services shall appoint, subject to the Civil Service Law, staff necessary to carry out the purposes of this section.
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
7.  Payment by department or agency.
Each department or agency using the services of this program must budget adequate funds to pay the leasing services provided by the Bureau of General Services.
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
8.  Report.
The Director of the Bureau of General Services shall report to the joint standing committees of the Legislature having jurisdiction over state and local government matters and appropriations and financial affairs matters by January 31st of each year with respect to the status of current leases, projected real property leasing requirements and anticipated costs for each fiscal year.
[PL 1991, c. 780, Pt. Y, §59 (AMD).]
9.  Exception.
The land leases of the various departments and agencies of State Government are exempted from the provisions of this section.
[PL 1993, c. 272, §1 (NEW).]
10.  Downtown Leasehold Improvement Fund.
The Downtown Leasehold Improvement Fund, referred to in this subsection as the "fund," is established within the Bureau of General Services to assist state agencies in securing suitable space in downtowns whenever possible by providing for capital improvements to real property leased by the State in downtowns necessary to meet public health, safety and accessibility requirements of federal, state and local statutes and codes.
The fund is a nonlapsing fund consisting of sums that are appropriated by the Legislature or transferred to the fund from time to time by the Treasurer of State, the proceeds of notes or bonds issued by the State for the purpose of deposit in the fund, grants and awards made to the State or an instrumentality of the State by the Federal Government for the purpose for which the fund has been established and other funds from any public or private source received for use for the purpose for which the fund has been established.
The bureau shall invest in leasehold improvements from this fund only when it determines that the length and other terms of the lease will provide for reasonable use of and return on the investments for the State.
The bureau may establish accounts and subaccounts as it determines desirable to effectuate the purpose of the fund.
[PL 1999, c. 776, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 9, §L3 (NEW). PL 1991, c. 780, §Y59 (AMD). PL 1993, c. 272, §1 (AMD). PL 1999, c. 776, §§1,2 (AMD). PL 2003, c. 600, §4 (REV). PL 2021, c. 348, §10 (AMD).