§ 1552 - Authority and duties - Vermont Statutes

§ 1552. Authority and duties

(a) The department of buildings and general services may (1) acquire from the United States of America under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, herein referred to as the "federal act," such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health or civil defense, including research for any such purpose, and for such other purposes as may be authorized by federal law; (2) warehouse such property; and (3) distribute such property within the state to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the state, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which are exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the state, or political subdivisions and instrumentalities thereof, which are established pursuant to state law, and to such other types of institutions or activities as may be eligible under federal law to acquire such property.

(b) The department of buildings and general services may receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the state, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for those purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under section 203(k) of the federal act.

(c) For the purpose of executing its authority under this chapter, the department of buildings and general services may adopt, amend, or rescind such rules and regulations and prescribe such requirements as it may consider necessary; and take such other action as it considers necessary and suitable, in the administration of this chapter, to assure maximum utilization, within the state, of property distributed under this chapter, to eligible health, educational and civil defense institutions and organizations and to such other types of institutions or activities as may be eligible under federal law in effect when the action is taken.

(d) The department of buildings and general services may make such certifications, take such action, make such expenditures, require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the department of buildings and general services from the United States of America and enter into contracts, agreements and undertakings for and in the name of the state (including cooperative agreements with any federal agencies providing for utilization by and exchange between them, without reimbursement, of the property, facilities, personnel and services of each by the other, and agreements with other state agencies for surplus property and with associations or groups of such state agencies).

(e) The department of buildings and general services may act as a clearing house of information for the public and private nonprofit institutions, organizations and agencies referred to in subsection (a) of this section and other institutions eligible to acquire federal surplus real property, locate both real and personal property available for acquisition from the United States of America, ascertain the terms and conditions under which such property may be obtained, receive requests from the above-mentioned institutions, organizations and agencies and transmit to them all available information in reference to such property, and aid and assist such institutions, organizations and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

(f) The department of buildings and general services in the administration of this chapter, shall cooperate to the fullest extent consistent with the federal act, with the departments or agencies of the United States of America, shall file a state plan of operation, operate in accordance therewith, take such action as may be necessary to meet the minimum standards prescribed in accordance with the federal act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require. It shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer and use of, or accounting for, property donable or donated to eligible donees in the state. (1965, No. 19, § 2, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)