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Rhode Island General Laws 42-11-2.9. Division of capital asset management and maintenance established

     

(a) Establishment.  Within the department of administration there shall be established the division of capital asset management and maintenance (“DCAMM”). Any prior references to the division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall be appointed by the director of administration. The director of DCAMM shall have the following responsibilities:

(1)  Oversee, coordinate, and manage the operating budget, personnel, and functions of DCAMM in carrying out the duties described below;

(2)  Review agency capital-budget requests to ensure that the request is consistent with strategic and master facility plans for the state of Rhode Island;

(3)  Promulgate and adopt regulations necessary to carry out the purposes of this section.

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Terms Used In Rhode Island General Laws 42-11-2.9

  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Purpose.  The purpose of DCAMM shall be to manage and maintain state property and state-owned facilities in a manner that meets the highest standards of health, safety, security, accessibility, energy efficiency, and comfort for citizens and state employees and ensures appropriate and timely investments are made for state property and facility maintenance.

(c) Duties and responsibilities of DCAMM.   DCAMM shall have the following duties and responsibilities:

(1)  To oversee all new construction and rehabilitation projects on state property, not including property otherwise assigned outside of the executive department by Rhode Island general laws or under the control and supervision of the judicial branch;

(2)  To assist the department of administration in fulfilling any and all capital-asset and maintenance-related statutory duties assigned to the department under chapter 8 of Title 37 (public buildings) or any other provision of law, including, but not limited to, the following statutory duties provided in § 42-11-2:

(i)  To maintain, equip, and keep in repair the statehouse, state office buildings, and other premises, owned or rented by the state, for the use of any department or agency, excepting those buildings, the control of which is vested by law in some other agency;

(ii)  To provide for the periodic inspection, appraisal, or inventory of all state buildings and property, real and personal;

(iii)  To require reports from state agencies on the buildings and property in their custody;

(iv)  To issue regulations to govern the protection and custody of the property of the state;

(v)  To assign office and storage space, and to rent and lease land and buildings, for the use of the several state departments and agencies in the manner provided by law;

(vi)  To control and supervise the acquisition, operation, maintenance, repair, and replacement of state-owned motor vehicles by state agencies;

(3)  To generally manage, oversee, protect, and care for the state’s properties and facilities, not otherwise assigned by Rhode Island general laws, including, but not limited to, the following duties:

(i)  Space management, procurement, usage, and/or leasing of private or public space;

(ii)  Care, maintenance, cleaning, and contracting for such services as necessary for state property;

(iii)  Capital equipment replacement;

(iv)  Security of state property and facilities unless otherwise provided by law;

(v)  Ensuring Americans with Disabilities Act (ADA) compliance;

(vi)  Responding to facilities emergencies;

(vii)  Managing traffic flow on state property;

(viii)  Grounds keeping/landscaping/snow-removal services;

(ix)  Maintenance and protection of artwork and historic artifacts;

(x)  On or before August 31, 2022, and each April 1 thereafter to submit to the division of municipal finance a comprehensive list of all real property owned by the state as of the preceding December 31 to facilitate the purposes of § 45-13-5.1. The comprehensive list and all other information provided shall be in a format prescribed by the division of municipal finance. The division of municipal finance shall subsequently provide to DCAMM a certified list of all properties eligible under § 45-13-5.1 for identification in the statewide database established under subsection (d) of this section. Any changes to the comprehensive list of all real property owned by the state after the list has been supplied to the division of municipal finance shall require notification to the division of municipal finance within thirty (30) days;

(4)  To manage and oversee state fleet operations.

(d)(1)  All state agencies shall participate in a statewide database and/or information system for capital assets, that shall be established and maintained by DCAMM.

(2)  Beginning January 1, 2023, all state agencies, departments, boards, commissions, corporations, authorities, quasi-state agencies, councils, or other political subdivisions that utilize real property shall provide DCAMM any information, documentary and otherwise, that may be necessary or desirable to facilitate the purposes of subsection (c)(3)(x) of this section by March 1 annually, or subsection (d)(1) of this section as required by DCAMM. The administrative head of each submitting entity shall attest to the accuracy and completeness of the information in writing.

(e) Offices and boards assigned to DCAMM.   DCAMM shall oversee the following boards, offices, and functions:

(1)  Office of planning, design, and construction (PDC);

(2)  Office of facilities management and maintenance (OFMM);

(3)  [Deleted by P.L. 2018, ch. 47, art. 3, § 7].

(4)  [Deleted by P.L. 2018, ch. 47, art. 3, § 7].

(5)  Office of risk management (§ 37-11-1 et seq.);

(6)  [Deleted by P.L. 2018, ch. 47, art. 3, § 7].

(7)  Office of state fleet operations (§ 42-11-2.4(d)).

(f)  The boards, offices, and functions assigned to DCAMM shall:

(1)  Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the director of DCAMM or in accordance with the powers and authorities conferred upon the director of DCAMM by this section;

(2)  Provide such assistance or resources as may be requested or required by the director of DCAMM or the director of administration;

(3)  Provide such records and information as may be requested or required by the director of DCAMM or the director of administration; and

(4)  Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the offices stated above from fulfilling any statutory requirement or complying with any valid rule or regulation.

History of Section.
P.L. 2016, ch. 142, art. 4, § 6; P.L. 2018, ch. 47, art. 3, § 7; P.L. 2022, ch. 231, art. 3, § 15, effective June 27, 2022.

Rhode Island General Laws 42-11.2-9. Fair market rent

     

The executive department shall determine a fair market rent for each unit assisted under this chapter in an amount that is no greater than the maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development for the Section 8 existing housing program under U.S.C. § 1437f at the time that the unit first receives assistance under this chapter. The executive department shall further establish a schedule of rent increases that fairly provide for demonstrated reasonable increases in operating expenses associated with the units assisted under this chapter; provided, however, that the fair market rent for any unit may not, at any time, exceed the then-current maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development.

History of Section.
P.L. 1988, ch. 579, § 1.

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