Section 2. The commissioner of capital asset management and maintenance shall be appointed by the secretary of administration and finance, with the prior written approval of the governor, and may be removed in like manner. The commissioner shall be a person of ability and experience, shall be familiar with the principles of the systematic and coordinated planning of capital facilities and shall carry out such functions and duties as the commissioner may from time to time deem necessary for the efficient and economical administration of the capital assets of the commonwealth including, but not limited to, the systematic review of capital assets, the scheduling of routine and schedule maintenance repairs, tracking the deferred maintenance needs of capital assets and the coordinated planning of capital facilities in relation to the programmatic needs of state agencies. The commissioner shall devote his entire time to the duties of his office. No person holding such position shall be subject to chapter 31 or section 9A of chapter 30.
Except as otherwise provided in this chapter or any other statute or appropriation act, the commissioner of capital asset management and maintenance shall be responsible for:
(a) integrated and coordinated planning and budgeting of capital facilities on an annual and long-term basis;
(b) acquisition, allocation and disposition of real property;
(c) direction, control, supervision and oversight as to the planning, design, construction, demolition, installation, repair and maintenance of specific capital facilities and capital facility projects;
(d) efficient management of the operation of the division of capital asset management and maintenance as a whole and the proper coordination of the work of and effective operation of individual offices, bureaus, and other sections which might be located therein. The commissioner may, subject to appropriation, appoint deputy commissioners and associate deputy commissioners and legal counsel as appropriate and may authorize such deputy commissioners or associate deputy commissioners or legal counsel to act in his stead in particular matters or classes of matters.
(e) direction, control, supervision, planning and oversight of the scheduled maintenance and repair needs of capital assets owned by the commonwealth.
The commissioner shall promulgate rules and regulations under chapter 30A.
The commissioner shall administer programs placed under his direction, undertake any special studies and investigations and submit reports and render 1 advice thereon as may be requested by the secretary of administration and finance and as required by the general court.
The commissioner and his staff shall provide information to and cooperate with the general court or any of its committees in connection with the development and analysis of any long term capital facilities development plan or capital budget proposal.
The commissioner of capital asset management and maintenance may, in furtherance of the function of his office, accept and receive funds, grants and services from the federal government or its agencies, and from departments, agencies and instrumentalities of state and local government or from private individuals, trusts and estates.
The commissioner may from time to time contract for professional services in connection with the work of the division.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 7c - Capital Asset Management and Maintenance
Section 1 - Definitions Applicable to This Chapter and Chapter 29
Section 3 - Coordination of Capital Facility Project Plans and Programs
Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities
Section 10 - Advisory Council on Capital Asset Management and Maintenance
Section 11 - Office of Programming; Director of Programming
Section 12 - Duties and Responsibilities of Director of Programming
Section 13 - Office of Project Management; Director of Project Management
Section 14 - Duties and Responsibilities of Director of Project Management
Section 17 - Change Orders or Other Contract Modifications
Section 18 - Request for Change Order; Approval or Disapproval; Appeal
Section 21 - General Principles Applicable to Equitable Adjustments
Section 22 - Resident Engineers
Section 23 - Acceptance of Federal Funds or Assistance
Section 25 - Control of Supervision of Projects by the Director of Facilities Management
Section 28 - Duties and Responsibilities of Director of Facilities Management
Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems
Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise
Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease
Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property
Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space
Section 45 - Designer Selection Board
Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction
Section 47 - Public Notice Requirements for Contracts for Design Services
Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services
Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation
Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services
Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58
Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services
Section 62 - Contingency Funds or Accounts
Section 63 - Capital Facility Planning Fund
Section 64 - Long-Range Capital Facilities Development Plans
Section 65 - Required Content of Long-Range Capital Facilities Development Plans
Section 69 - Design and Construction Contingency Reserve Account
Section 70 - Emergency Repair Reserve Account
Section 72 - Annual Reporting by Commissioner to Governor and General Court