Effective - 28 Aug 2005
8.238. Energy efficiency implementation — deposits into administrative trust fund — annual report, contents — authority of office of administration, rulemaking. — 1. This section shall be known as the "Energy Efficiency Implementation Act".
2. The office of administration shall identify and cause to be deposited into the office of administration revolving "Administrative Trust Fund" created in section 37.005 no more than two and one-half percent of the total cost savings realized as a result of implementing sections 8.231 to 8.237. "Cost savings" shall be defined as expenses eliminated and future replacement expenditures avoided as a direct result of implementing sections 8.231 to 8.237. The percentage of cost savings and the means of calculating such cost savings shall be determined by the commissioner of administration or his designated agent and shall be set forth in the performance contract.
3. At least annually, a report shall be prepared and forwarded to the governor, the speaker of the house of representatives and the president pro tem of the senate outlining the cost savings identified by the office of administration pursuant to subsection 2 of this section.
4. In order to advise the governor, and consistent with this section, the office of administration shall have authority to:
(1) Establish policies and procedures for facility management and valuation;
(2) Coordinate a state facility review;
(3) Implement a capital improvement plan;
(4) Solicit and evaluate state facility investment proposals;
(5) Establish performance measures for facility management operations; and
(6) Prepare annual reports and plans concerning operation savings.
5. Subject to appropriation from the general assembly, the office of administration may expend the cost savings and the interest thereon, if any, at such time or times as are necessary to offset all reasonable costs associated with the implementation of sections 8.231 to 8.237.
6. The provisions of section 33.080 requiring the transfer of unexpended funds to the general revenue fund of the state shall not apply to funds identified and not otherwise expended for the implementation of this section.
7. The office of administration shall have the authority, pursuant to chapter 536*, to promulgate rules regarding the implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.
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(L. 2005 S.B. 122)
*Words "chapter 537" appear in original rolls.
Structure Missouri Revised Statutes
Title II - Sovereignty, Jurisdiction and Emblems
Chapter 8 - State Buildings and Lands
Section 8.001 - Second state capitol commission established.
Section 8.003 - Membership of commission, terms, meetings, annual report.
Section 8.010 - Board of public buildings created — members — powers and duties.
Section 8.012 - Flags authorized to be displayed at all state buildings.
Section 8.015 - Senate accounts committee to control use of certain space and equipment in capitol.
Section 8.017 - House accounts committee to control use of certain space and equipment in capitol.
Section 8.051 - Gift shop in state capitol — staff — items sold.
Section 8.055 - High speed Wi-Fi internet access at Capitol building.
Section 8.110 - Division of facilities management, design and construction created, duties.
Section 8.150 - Defacing state facilities, penalty — acts by minors, liability.
Section 8.170 - Shall prosecute for injuries.
Section 8.172 - Parking on capitol grounds, regulations — enforcement.
Section 8.173 - Joint committee on Capitol security created, members, duties, meetings.
Section 8.177 - Missouri capitol police officers, powers and duties.
Section 8.178 - Violation of parking regulations, penalty.
Section 8.180 - Director to pay certain costs.
Section 8.200 - Director may proceed against sheriff.
Section 8.210 - Duty of peace officers of Cole County.
Section 8.220 - Amount expended for construction not to exceed appropriation.
Section 8.240 - Board may acquire lands for state, how.
Section 8.241 - Certain land in St. Louis City — restrictions.
Section 8.255 - Standing contracts, advertisement and bids — director, duties — agency reports.
Section 8.260 - Appropriations of $100,000 or more for buildings, how paid out.
Section 8.270 - Appropriations for less than $100,000, how paid out.
Section 8.275 - Third state building trust fund establishment and maintenance.
Section 8.280 - Missouri products shall be used in construction or repair of public buildings.
Section 8.285 - Policy on contracts for architectural, engineering, land surveying services.
Section 8.291 - Negotiation for contract — not applicable for certain political subdivisions.
Section 8.293 - Rulemaking, procedure.
Section 8.294 - State facility maintenance and operation fund created, administration.
Section 8.310 - Duties of director as to construction, repairs and purchases — exceptions.
Section 8.315 - Duties of director, capital improvement projects.
Section 8.330 - Information as to condition of buildings, collection, availability.
Section 8.340 - Director to keep file on state lands and condition of buildings.
Section 8.350 - Director to deliver papers and property to successor.
Section 8.360 - Inspection and report as to condition of buildings.
Section 8.390 - State agencies to use buildings and pay rentals.
Section 8.410 - Revenue bonds not obligations of state.
Section 8.430 - Revenue bonds refunded, when — contents of refunding bonds.
Section 8.440 - Board may prescribe form and details of bonds — holder may enforce duties of board.
Section 8.450 - Two-thirds vote of board required for bonds.
Section 8.510 - Tobacco settlement financing authority created, purpose, restrictions.
Section 8.520 - Board to exercise powers, membership, meetings, no compensation.
Section 8.525 - No personal liability for board members, when.
Section 8.530 - Powers of the authority.
Section 8.535 - Authority to sell or assign state's share of tobacco settlement.
Section 8.540 - Issuance of bonds authorized, when.
Section 8.552 - Authority to determine deposit and withdrawal of moneys.
Section 8.555 - Exemption from competitive bidding requirements of the state.
Section 8.557 - Annual report to the general assembly to be submitted, content.
Section 8.560 - No bankruptcy petition may be filed, when.
Section 8.565 - Dissolution of authority, when — transfer of assets upon dissolution.
Section 8.570 - Issuance of bonds by board of public buildings, use of proceeds.
Section 8.572 - Bond issuance not deemed indebtedness of the state or board of public buildings.
Section 8.575 - Bond requirements.
Section 8.580 - Refunding of bonds, when, procedure.
Section 8.585 - Form details and incidents of bonds to be prescribed by board of public buildings.
Section 8.590 - Resolution of board of public buildings required for issuance of bonds.
Section 8.591 - Limitation on authority to sell bonds.
Section 8.592 - Issuance of notes, maturity dates — transfer of funds to secure notes.
Section 8.595 - Liberal construction of act.
Section 8.630 - Who shall enforce.
Section 8.640 - Exempt buildings and facilities.
Section 8.650 - Deviations from standards, when permitted.
Section 8.655 - Wheelchair accessibility sign, display required, when.
Section 8.657 - Construction companies domiciled outside state — requirements.
Section 8.664 - Bonds not an obligation of the state or board.
Section 8.667 - Refunding of bonds authorized.
Section 8.668 - Board to prescribe details and incidents of the bonds and make necessary covenants.
Section 8.670 - Resolution of board required for issuance of bonds.
Section 8.675 - Construction management services defined.
Section 8.677 - Construction management services to be used when.
Section 8.681 - Proposals, how selected — reevaluation, when — new solicitation of proposals.
Section 8.683 - Duties of successful construction manager obtaining contract.
Section 8.685 - Prohibited conduct by construction management service, effect.
Section 8.690 - Manager-at-risk and design-build delivery methods utilized, when.
Section 8.710 - Rules, bureau of the blind to develop, procedure.
Section 8.730 - Income must be adequate to establish facility.
Section 8.735 - Licenses or permits to be issued without charge.
Section 8.740 - Health and sanitation regulations, exception, guide dogs permitted.
Section 8.745 - Hearings and review of decisions, procedure — appeals.
Section 8.823 - Division to recommend energy efficiency projects.
Section 8.849 - Federal petroleum violation escrow fund to be used to fund projects.
Section 8.851 - Quality of indoor air not to be sacrificed for increased energy efficiency.
Section 8.964 - Citation of law.
Section 8.966 - Purpose statement.
Section 8.972 - Nonseverability clause.
Section 8.974 - Violation, remedies — investigation of complaints.