Missouri Revised Statutes
Chapter 8 - State Buildings and Lands
Section 8.238 - Energy efficiency implementation — deposits into administrative trust fund — annual report, contents — authority of office of administration, rulemaking.

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

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 8.007 - Duties of the commission — state capitol commission fund created, lapse to general revenue prohibited — copyright and trademark permitted, when.

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 8.016 - State capitol dome key, members of general assembly to be provided with — training required.

Section 8.017 - House accounts committee to control use of certain space and equipment in capitol.

Section 8.020 - Governor's mansion preservation advisory commission created — qualifications and compensation of members.

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 8.115 - Armed security guards for state-owned or leased facilities, not applicable to Cole County.

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 8.175 - Capitol parking garages under joint control of general assembly — employee parking when not in session, exceptions.

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 8.231 - Guaranteed energy cost savings contracts, definitions — bids required, when — proposal request to include what — contract, to whom awarded, to contain certain guarantees.

Section 8.235 - Office of administration to contract for guaranteed energy cost savings contracts by bid, criteria — use of funds by governmental units — procurement implementation date.

Section 8.237 - Office of administration to develop statewide plan of energy conservation and cost savings, state buildings and facilities — requirements — moneys to be used.

Section 8.238 - Energy efficiency implementation — deposits into administrative trust fund — annual report, contents — authority of office of administration, rulemaking.

Section 8.240 - Board may acquire lands for state, how.

Section 8.241 - Certain land in St. Louis City — restrictions.

Section 8.250 - Contracts for projects by state or certain subdivisions, bidding required, when — prohibition against dividing project into component parts.

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 8.287 - Definitions.

Section 8.289 - Agencies using services to be furnished statement of firm's qualifications and performance data.

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 8.295 - Facilities maintenance reserve fund, up to ten percent of moneys to be used for certain energy projects.

Section 8.310 - Duties of director as to construction, repairs and purchases — exceptions.

Section 8.315 - Duties of director, capital improvement projects.

Section 8.316 - Division to promulgate method to calculate replacement cost of buildings owned by public institutions of higher education.

Section 8.320 - Director to prescribe conditions and procedures for repair and maintenance of buildings.

Section 8.325 - Capital improvements, cost estimates, content requirements — rental quarters with defective conditions, reoccupation by state agencies, when.

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 8.370 - Definitions.

Section 8.380 - Board may acquire and erect buildings — condemnation — may lease to agencies of state and political subdivisions.

Section 8.390 - State agencies to use buildings and pay rentals.

Section 8.400 - Board may issue revenue bonds, contents — bonds for retrofitting projects, use of proceeds — board may request annual appropriations to pay bonds and to restore reserve funds.

Section 8.410 - Revenue bonds not obligations of state.

Section 8.420 - Revenue bonds, form, effect, interest rates — approval by committee on legislative research.

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 8.460 - State office building authorized in Jefferson City — rented quarters — general assembly may move certain offices from Capitol building.

Section 8.475 - Citation of law — definitions — vertical real estate or towers, political subdivisions may be constructed.

Section 8.500 - Citation.

Section 8.505 - Definitions.

Section 8.510 - Tobacco settlement financing authority created, purpose, restrictions.

Section 8.515 - Powers of authority not restricted or limited — proceedings, notice or approval not required, when.

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 8.545 - Proceeds of bonds to be deposited in the tobacco securitization settlement trust fund, use of moneys — issuance of bonds, requirements.

Section 8.550 - Tobacco securitization settlement trust fund established, source of fund moneys, uses — qualified tax-exempt expenditure account and taxable expenditure account authorized.

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 8.589 - Termination date for sections 8.500 to 8.590 — office of administration to notify revisor of statutes of date.

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 8.610 - Standards for all public facilities and buildings using state or political subdivision funds.

Section 8.620 - Renovations by political subdivisions — specifications to make accessible and usable by physically disabled — standards to be met.

Section 8.622 - Renovation and new construction by state or new construction by political subdivision to be accessible and usable by the disabled — standards.

Section 8.623 - Repair, maintenance or new construction by state using federal funds, standards — Missouri to hold United States harmless from damages.

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 8.660 - Definitions.

Section 8.661 - Board of public buildings, with approval of the committee on legislative research, to proceed with projects — powers and duties.

Section 8.662 - Agencies of state may be required to occupy quarters in the project — agencies may be required to contribute from funds appropriated to share in cost of energy retrofitting.

Section 8.663 - Board may issue and sell revenue bonds to establish and maintain an interest and sinking fund — request for appropriation authorized.

Section 8.664 - Bonds not an obligation of the state or board.

Section 8.665 - Board to determine rate, not to exceed fifteen percent, and maturity date — bonds may be either serial or term — limitation.

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 8.679 - Contract required, procedure to solicit proposals, advertising required in county where work located, open bidding.

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 8.687 - Bond not required for construction manager — law not applicable if construction done by public employees.

Section 8.690 - Manager-at-risk and design-build delivery methods utilized, when.

Section 8.700 - Definitions.

Section 8.705 - Blind persons to have priority in operation of vending facilities — state property defined — exceptions.

Section 8.710 - Rules, bureau of the blind to develop, procedure.

Section 8.715 - Construction or installation of vending facility, procedure — costs — objections — application to board of public buildings, when.

Section 8.720 - Plans, changes in state property, notice to licensing agent, when — objection procedure, effect.

Section 8.725 - Sites for vending facilities required, exception — satisfactory site defined — not applicable to certain existing operations.

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 8.800 - Definitions.

Section 8.803 - Financing of energy efficiency projects in state buildings, bond issues authorized, procedure.

Section 8.805 - Energy savings in state building projects beyond financing obligation, how deposited — criteria to be established for projected savings — report due when.

Section 8.807 - Energy analyses account established, purpose, administration, account not to lapse into general revenue.

Section 8.810 - State building construction or substantial renovation — analysis required, content — division of design and construction not to let contracts without considering — projection of energy savings required, when.

Section 8.812 - Minimum energy efficiency standards for state buildings established by rule — compliance required — exemption, when.

Section 8.815 - Voluntary work group of persons and interest groups with expertise in energy efficiency to be established, duties.

Section 8.817 - Analysis of all state buildings for energy efficiency, annual report due when — filed with whom.

Section 8.820 - Baseline for energy consumption and costs for all buildings owned or leased by state.

Section 8.823 - Division to recommend energy efficiency projects.

Section 8.825 - Department to provide energy efficiency practices information to persons in construction or maintenance of state buildings.

Section 8.830 - Definitions.

Section 8.833 - Bond issues authorized for energy efficiency and energy retrofitting projects in state buildings — priority assigned by office of administration.

Section 8.837 - Minimum energy standard to be developed by rule for certain new or renovated state buildings.

Section 8.840 - Energy efficiency rating system to be provided by rule — rating system to be applied to all buildings before acquiring or leasing.

Section 8.843 - Interagency advisory committee on energy cost reduction and savings, members, duties.

Section 8.845 - Division to compile data on energy consumption and costs and develop baseline use of data.

Section 8.847 - Department to make energy efficiency practices information available for construction, retrofitting and maintenance of state and public buildings.

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 8.890 - Access to public land for horse and mule use, no denial on certain trails and roads, exception.

Section 8.900 - Memorial for workers killed or disabled on the job — fund established, investment, fund not to lapse into general revenue.

Section 8.910 - Alex M. Petrovic Reading Room designated at a building of the Missouri State Archives.

Section 8.912 - Designates the department of agriculture building as the George Washington Carver Building.

Section 8.922 - United States and state flags flown on state property, manufacture in United States required.

Section 8.960 - Prompt payments required — progress payments — retainage — late payment charges — withholding of payments.

Section 8.962 - Public works contract defined — certain contract clauses against public policy, exceptions.

Section 8.964 - Citation of law.

Section 8.966 - Purpose statement.

Section 8.968 - Requirements for certain contracts for construction, repair, remodeling, or demolition of facilities.

Section 8.970 - Grants, tax abatements or tax credits, and cooperative agreements for construction projects prohibited, when.

Section 8.972 - Nonseverability clause.

Section 8.974 - Violation, remedies — investigation of complaints.