2006 Massachusetts Code - Chapter 7 — Section 41B. Director of programming; staff; powers and duties.

Section 41B. Except as otherwise provided in this section or by any appropriation act, the director of programming shall, in the manner and to the extent provided by this section, have control and supervision of the study and programming of all capital facility projects of state agencies and building authorities.

The director may appoint such deputies and other supervisory staff as the work of the office may require, subject to appropriation and the commissioner’s approval. Such staff shall serve at the pleasure of the director and shall not be subject to chapter thirty-one or to section nine A of chapter thirty. The director shall appoint, subject to the commissioner’s approval, all other officers and employees of said office, including such programmers, architects, engineers, landscape surveyors, cost estimators, as he deems necessary to carry out the tasks assigned to the bureau.

The director shall:

(1) recommend to the commissioner rules and regulations, standards and guidelines for the preparation of master and other plans, studies, and programs for capital facility projects;

(2) review and make a written evaluation to the commissioner as to specific project studies, programs and other predesign documents and their consistency with long range capital facilities development plans and capital facility budget requests;

(3) upon request by using agencies, assist them in the development of specific project descriptions and proposals forming a part of those agencies’ long range capital development plans and specific capital facility budget requests;

(4) upon request of using agencies, and at his discretion, develop master and other plans, perform feasibility and other studies, or prepare programs for projects for which such plans, studies, and programs are authorized by the general court to be performed;

(5) upon request by using agencies assist the staff of using agencies, and at the discretion of said director assist others providing such services to using agencies in their performance of plans, studies, or programs to assure conformity with the rules and regulations, standards and guidelines for such plans, studies, and programs;

(6) provide guidance and assistance to other bureaus and sections or units within the division in the performance of their responsibilities as they relate to completed planning stages for projects;

(7) recommend to the commissioner rules and regulations, standards for the conduct of post-occupancy evaluations of all projects for which the division of capital asset management and maintenance has performed or caused to be performed programming services, such post-occupancy evaluation to be based on the program so developed and appropriate in scope and detail to the type, cost and significance of the project being evaluated;

(8) assist the commissioner in the evaluation of projects to determine the effectiveness of prior programming, planning, and budgeting decisions; and

(9) conduct, with staff or consultants, post-occupancy evaluations for projects under the jurisdiction of the bureau of project management, the cost of which exceeds a fixed sum to be determined by the director, assume such other responsibilities as the commissioner may direct.

The director shall create a depository for plans, studies, programs, and designs for building projects prepared for any using agency subject to the jurisdiction of the division of capital asset management and maintenance under section forty A of this chapter. Each such agency shall promptly send to the director a brief identification and description of each plan, study, program, and design after its completion. The designer selection board shall promptly send to the director a brief identification and description of any designs offered to it as part of any design competition administered by the board pursuant to section thirty G. Upon request by the director, the user agency or board shall send to him a copy of said plan, study, program, or design.

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