2006 Massachusetts Code - Chapter 7 — Section 39B. Commissioner of capital asset management and maintenance; powers and duties.

Section 39B. The commissioner of capital asset management and maintenance shall be appointed by the commissioner of administration, with the prior written approval of the governor, and may be removed in like manner. He 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 the provisions of 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 pursuant to the provisions of chapter thirty A.

The commissioner shall administer programs placed under his direction, undertake any special studies and investigations and submit reports and render advice thereon as may be requested by the commissioner of administration 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.