HB 736 — Space Optimization Act; create to implement efficient assignment and use of office space in state buildings.

HB 736 (As SentPassed tothe Governor)House) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Weathersby House Bill 736 (As SentPassed tothe Governor)House) AN ACT TO AMENDCREATE 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 DEPARTMENTSPACE OFOPTIMIZATION FINANCEACT; AND ADMINISTRATION;

TO PROVIDEAMEND THATSECTION EACH29-5-2, ROOFMISSISSIPPI CODE OF BUILDINGS1972, NOTTO PLANNEDREQUIRE FORSPACE DEMOLITIONUNDER SHALLTHE BEJURISDICTION VISUALLYOF INSPECTEDTHE BYDEPARTMENT INSTITUTIONOF ORFINANCE AGENCYAND FACILITIES'ADMINISTRATION STAFF,TO BE EVALUATED WHEN A LICENSEDSTATE ARCHITECTAGENCY ORSEEKS ENGINEERADDITIONAL SPACE OR BYRELOCATION THERMALUSING IMAGINGTHE INSPECTIONCRITERIA EVERYOF THREECOST, YEARS;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 PROVIDE THAT ANY REQUEST FOR NEW CONSTRUCTION SHALL IDENTIFY THEANY TOTALFUNDING AMOUNTSOURCES OF NONSTATE FUNDS AVAILABLE TO SUPPORT THE CONSTRUCTION PROJECT AND ANY PROPOSED FUNDING SOURCE 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;

     SECTION 1.  Section 31-11-27,29-5-2, Mississippi Code of 1972, is amended as follows:

     31-11-27. 29-5-2.  (1) The (a) duties Theof 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 community college and junior college immediately prior to September first in each year.  This study shall include, but shall not be limitedas to,follows: the following matters:                (i)  An inventory of every state building and other capital facility which is the property of the State of Mississippi;

          (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, 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 Robert E.

Lee Office Building and Parking Garage, 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 * * *who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building 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;

              (v)(v)   AnAn estimate of the cost of major renovations, if contemplated;

          (b)  All state agencies, departments and institutions are hereby * * *authorizedhereby requiredauthorized and directed to cooperate with the Department of Finance and Administration in carrying out the provisions of this section. section. For purposes of validating subsection (1)(a)(iii) above, each roof of a building not planned for demolition 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.

 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.