Section 41-4-400 - Division created; powers and duties; director(a) There shall be established within the Department of Finance the Division of Construction Management. The division shall have full power and authority for, and on behalf of, the State of Alabama to do any or all of the following: (1) To acquire lands by purchase, condemnation, or otherwise.(2) To plan for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing, improvement, or relocation of buildings, structures, and facilities for state departments, boards, bureaus, commissions, agencies, and offices.(3) To set policies, procedures, and guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and improvement of all property now owned or hereafter acquired by the state or any institution or agency thereof.(4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish, improve, and locate buildings, structures, and facilities for the use of the State of Alabama or any of its departments, boards, bureaus, commissions, agencies, and offices as in its judgment shall be necessary for state, institutional, or agency purposes.(5) To enter into contracts or consult with architects, engineers, contractors, suppliers, and others as needed to perform any of the functions provided for in this subsection.(6) To receive any monies, land, or equipment donated, appropriated, or otherwise acquired by it for the purposes provided for in this subsection.(7) To charge and provide for collection of user fees for its services. The fees established shall take into consideration the costs of operating the division.(8) To make and adopt all necessary rules, regulations, and plans for its own guidance and for the proper conduct of the duties imposed upon it.(9) To review and approve or disapprove all proposed construction, renovation, or improvement projects for constructability, durability, and maintainability and to ensure the efficient use and availability of funds.(11) To review and administer all design and construction contracts for all state-owned facilities as provided for in this subsection.(12) To submit to the Director of Finance the priorities and recommendations for the repair, renovation, capital improvement, and planning needs of state departments, boards, bureaus, commissions, agencies, and offices.(13) To review and approve or disapprove all state bond expenditures approved for construction.(14) To review all emergency project declarations and to aid in the timely execution of emergency projects.(b) The Division of Construction Management shall be headed by and under the supervision, direction, and control of an officer who shall be designated director of construction management. He or she shall be appointed, subject to the provisions of the state Merit Law, by the Director of Finance, with the approval of the Governor. The compensation of such officer shall be fixed in accordance with the pay plan of the state Merit System.(c) Effective October 1, 2015, the Building Commission established in Section 41-9-140 is abolished. All powers, authority, and jurisdiction of the Building Commission, including, but not limited to, those authorities currently established in Sections 16-1-2.1 and 16-1-2.2, 16-16-10(o)(2) and (p), 34-14B-1 to 34-14B-10, 39-2-2(f)(1), 41-9-160 to 41-9-165, 41-9-170 to 41-9-174, 41-9-243, 41-9-542, 41-10-271, 41-10-364, and 41-16-72(3)(a) through (f) are hereby transferred to the Division of Construction Management within the Department of Finance.(d)(1) Notwithstanding any other provision of this article or any other provision of law to the contrary, the powers, authority, and jurisdiction granted to the Division of Construction Management within this section does not extend to property which is part of an educational institution or a state educational institution or any existing, planned, or future ancillary improvement on that property, including, but not limited to, design or construction projects either partially or fully funded by the Public School and College Authority. The Division of Construction Management shall retain its authority to adopt uniform minimum building standards code for the construction and renovation of facilities at any educational institution or state educational institution. For purposes of this article and Sections 16-1-2.4 and 16-1-2.5, "educational institution" and "state educational institution" shall have the same meaning as provided in Section 16-17-1, but shall not include K-12 schools or public four-year institutions of higher education .(2) Except as otherwise provided in subdivision (1), any powers, authority, and jurisdiction granted to the Division of Construction Management within this section relating to an educational institution or state educational institution, including, but not limited to, those relating to design or construction projects either partially or fully funded by the Public School and College Authority, are hereby transferred to the governing board of each institution, as provided in Section 16-1-2.4.(e) Notwithstanding any other provisions of this article, all persons employed with the Building Commission on October 1, 2015, shall be transferred to the Department of Finance.Ala. Code § 41-4-400 (1975)
Amended by Act 2022-367,§ 1, eff. 10/1/2022.Amended by Act 2021-476,§ 1, eff. 2/1/2022.Transferred from § 41-9-141 and amended by Act 2015-435,§ 3, eff. 10/1/2015.Acts 1945, No. 128, p. 116, §2; Acts 1993, No. 93-344, p. 533, §1.