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2003 Session

Budget Amendments - HB1400 (Committee Approved)

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Decent Establish GF Capital Outlay Pilot Program (language only)

Item 4-5.08 #5h

Item 4-5.08 #5h

Special Conditions and Restrictions on Expenditures
Delegation of Authority

Language
Page 597, after line 44, insert:
"f. The College of William and Mary, Radford University, the University of Virginia, and Virginia Polytechnic Institute and State University are authorized to enter into a pilot project for selected capital outlay projects through which each named institution shall be delegated all post-appropriation review, approval, administrative, policy and procedural functions performed by the Departments of Planning and Budget and General Services for capital projects supported in part or in whole from the state general fund or state-supported debt.  Delegation of authority under this pilot project is subject to the following stipulations and conditions:
1.  The following capital projects shall be eligible for the pilot program:
Educational Facility
Project Description
Amount
College of William and Mary
Renovate/Expand Marshall-
   Wythe Law Library
$11,821,000
Radford University
Renovate Young Hall
$4,716,000
University of Virginia
Construct Materials Science
   Engineering and
   Nano-Technology Building
$7,000,000
Virginia Polytechnic Institute and State University
Construct New Engineering
   Facility (VTRI Phase I)
$13,996,000
Virginia Polytechnic Institute and State University
Improve/Expand Fine Arts Center
   and Renovate Henderson Hall
$6,542,000
2.  The Board of Visitors of each institution shall develop policies, procedures and guidelines for carrying out these capital projects, subject to the review and approval of the Secretaries of Finance and Administration.  The Secretaries of Finance and Administration shall approve the institutions policies and guidelines no later than October 1, 2003.
3.  The cost of the project shall not exceed the appropriation or debt authorization provided in the Appropriation Act.                        
4.  Each participating institution of higher education shall indemnify all capital projects entered into under the pilot program using any available nongeneral funds, or private resources, including endowment funds held by any foundation affiliated with the institution.  Institutions are excluded from using any revenue from tuition and mandatory educational and general fees for this purpose.
5.  The institution shall report to the Department of General Service the status of any capital project prior to the commencement of construction and at the time of acceptance of any such capital project.
6. Notwithstanding the provisions of § 2.2-4309, Code of Virginia, no approval of the Governor shall be required for contract modifications as specified therein for the pilot programs of the selected institutions of higher education referenced in paragraph 3, provided that contract modifications of such projects, including construction and architectural and engineering change orders, do not require a supplemental appropriation from the general fund or change the scope of the project;
7. Pursuant to § 4-4.01k. of this act, the Department of General Services must approve any increase or decrease in scope greater than five percent of the gross square footage of the building and any corresponding cost or savings associated with the requested scope change; and
8.  The Department of General Services, acting through the Division of Engineering and Buildings, shall continue to function as the State Building Official pursuant to § 36-98.1, Code of Virginia for all capital outlay projects, excluding those at the University of Virginia Medical Center pursuant to § 23-77.4 B.1. Nothing in this section shall be deemed to relieve the institution of any reporting requirements pursuant to § 2.1-403 and § 2.1-404, Code of Virginia."


Explanation
(This amendment establishes a pilot program to decentralize the post-appropriation capital outlay process for selected projects at four institutions. With the exception of final building inspection, institutions participating in this program will be exempted from central agency review of the project while under design and construction.)