Title 5

The State Controller or any employee of the division may not be financially interested, directly or indirectly, in any insurer, agency or insurance transaction, except as a policyholder or claimant under a policy, nor may the State Controller or any employee be licensed under Tit…

1. Duties. The State Controller shall provide insurance advice and services for all forms of insurance for State Government and any department or agency of State Government except for those departments or agencies and those types of insurance otherwise provided for by law through…

The division shall keep a record of all its proceedings. [PL 1983, c. 349, §11 (AMD).] The division shall have an audit made of its accounts annually covering the last complete fiscal year by the Office of the State Auditor. [PL 1983, c. 349, §11 (AMD); PL 2013, c. 16, §10 (REV).…

A reserve fund, referred to in this chapter as the "self-insurance fund," is created to indemnify the State or the State's designated payee for self-insured retention losses and related loss adjustment expenses from those perils insured against under a deductible or self-insured …

Deductible or self-insured retention provisions hereunder may not exceed 25% of the self-insurance fund as of July 1st of the current fiscal year per occurrence with respect to any risk of loss. [PL 1993, c. 470, §3 (AMD).] The State Controller may purchase such reinsurance of th…

The self-insurance fund must be administered by the Commissioner of Administrative and Financial Services. The commissioner shall deposit the self-insurance fund with the Treasurer of State for investment. All proceeds of that investment accrue to the self-insurance fund.

The self-insurance fund is capitalized by legislative appropriations, payments from state departments and agencies, investment income accruing to the self-insurance fund and by such other means as the Legislature approves. [PL 1993, c. 470, §5 (AMD).] Payments to the self-insuran…

The self-insurance fund may not exceed 2% of the then current value of all state-insured or self-insured retention property protected by the self-insurance fund as determined by the State Controller. [PL 2017, c. 284, Pt. O, §7 (AMD).] If the self-insurance fund reaches or exceed…

In the event that payments from the self-insurance fund should reduce it below $1,000,000, the Commissioner of Administrative and Financial Services shall recommend to the Legislature that funds be appropriated to restore the self-insurance fund up to the maximum amount it had pr…

Pursuant to the recommendation of the State Controller, the Commissioner of Administrative and Financial Services may cause payments from the self-insurance fund or proceeds of insurance purchased in accordance with this chapter, or both, to be made available for repair or replac…

1. Creation of state-administered fund. A reserve fund, referred to in this chapter as the "state-administered fund," is created to indemnify persons and entities eligible for participation pursuant to subsection 2 for losses and related loss adjustment expenses from those perils…

Whenever the words "public improvement" or "public improvements" appear in chapters 141 to 155, those words mean and include the construction, major alteration or repair of buildings or public works now owned or leased or constructed, acquired or leased by the State or any depart…

The Department of Administrative and Financial Services, through the Bureau of General Services, has authority: [PL 1991, c. 780, Pt. Y, §53 (AMD).] 1. Programs. To require the development of overall long range public improvement programs for all departments and agencies of the S…

The Department of Administrative and Financial Services, Bureau of General Services, referred to as "the bureau" in this section, shall provide written notification to the municipal manager or, in the absence of a manager, the chair of the municipal officers of a state constructi…

The Department of Administrative and Financial Services, through the Bureau of General Services, shall provide the following services to institutions of higher education. [PL 2007, c. 466, Pt. A, §11 (AMD).] 1. University of Maine System. Notwithstanding section 1742, the Bureau …

1. Work closely with all departments and agencies. The Bureau of General Services shall work closely with all departments and agencies in locating real property leases to ensure that agency program requirements are met to the maximum extent possible. The bureau shall: A. Maintain…

1. Asbestos, lead and indoor air quality assessment and mitigation services. The Department of Administrative and Financial Services, through the Bureau of General Services, Division of Safety and Environmental Services, shall provide asbestos, lead and indoor air quality assessm…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Bureau" means the Bureau of General Services within the department. [PL 2021, c. 262, §1 (NEW).] B. "Department" means the Department of Administr…

1. Program established. The Lead by Example Program, referred to in this section as "the program," is established within the Department of Administrative and Financial Services, Bureau of General Services to consolidate responsibilities regarding statewide energy data, strategic …

The Department of Administrative and Financial Services through the Bureau of General Services shall award a contract in accordance with this section for any public improvement that the State or any of its agencies hold in fee involving a total cost in excess of $100,000, except …

Any contract for the construction, major alteration or repair of school buildings involving a total cost in excess of $250,000, except contracts for professional, architectural and engineering services and contracts for energy conservation services in accordance with Title 20‑A, …

On projects for the design of buildings, the State and all political subdivisions thereof may select, without prejudice and on an equal basis, a prime professional who may be either an engineer or an architect. The professional so retained for a project shall perform only those s…

A public improvement project for the construction, altering, repairing, furnishing or equipping of a building or public works must meet the requirements of this section. [PL 1995, c. 524, §1 (NEW).] 1. Information to potential bidders. The Bureau of General Services or the procur…

The trustees, commissioners or other persons in charge of any public improvement in an amount in excess of $100,000, which is subject to chapters 141 to 155 shall, after consultation with the Director of the Bureau of General Services, advertise for sealed proposals not less than…

In any contract awarded for any public improvement the State shall withhold 5% of the money due the contractor until the project under the contract has been accepted by or for the State, except that when the contract has been substantially completed the State may, upon request, f…

The public official may require, from a firm proposing to bid on public work duly advertised, a standard qualification statement and a letter from a licensed bonding company confirming that the firm has the financial capacity to perform the work before furnishing that person with…

Whenever the public official is not satisfied with the sufficiency of the answers contained in such standard questionnaire and the financial statement of such persons, he may refuse to furnish such persons with plans and specifications on public work duly advertised, and the bid …

Any contractor dissatisfied with the Director of the Bureau of General Services' decision under section 1747 may appeal the decision to the Commissioner of Administrative and Financial Services within 5 calendar days of the receipt of notice from the director that the contractor …

A clerk-of-the-works must be employed to assist in the inspection of the construction of a public improvement when directed by the director. The clerk shall report directly to the professional architect-engineer of record for the project. In addition, the clerk shall provide a re…

The Bureau of General Services may establish a dedicated revenue account for the management of space leased by the bureau for state offices and facilities. Charges levied to state agencies for centrally leased space must be deposited to the dedicated revenue account. A dedicated …

An owner's representative may be employed to facilitate the construction of a school project under Title 20‑A, chapter 609. For purposes of this section, "owner" means the school building committee. [PL 1993, c. 606, §2 (NEW).] 1. Representative's relationship to owner. The owner…

The Department of Administrative and Financial Services, Bureau of General Services, referred to in this section as "the bureau," shall develop guidance regarding the integration of bird collision risk management into public improvements. The bureau, to the extent it determines a…

This subchapter may be cited as the "Energy Conservation in Buildings Act."

A public improvement, as defined in this chapter, public school facility or other building or addition constructed or substantially renovated in whole or in part with public funds or using public loan guarantees, with an area in excess of 5,000 square feet, may not be constructed…

After January 1, 1992, unless otherwise required by law, or for reasons of health or safety, the Bureau of General Services and the following departments and agencies may not purchase or install any faucet, shower head, toilet or urinal that is not a low-flow faucet, a low-flow s…

No public improvement, as defined in this chapter, or public school facility, with an area in excess of 10,000 square feet within a given building boundary, may be leased until a life-cycle costs analysis has been performed and a lease may only be approved when the life-cycle cos…

1. Bureau of General Services to adopt rules and procedures. The Bureau of General Services shall adopt rules, including energy conservation guidelines that conform at a minimum to the energy efficiency building performance standards adopted by the Department of Public Safety for…

1. Definition. For purposes of this section, "substantially renovated" means any renovation for which the cost exceeds 50% of the building's current value prior to renovation. 2. Rules. The Bureau of General Services, in consultation with the Department of Energy Resources, shall…

Sections 1762 to 1764 do not apply to any public school facility approved by the State Board of Education prior to July 23, 1977.

For the purposes of the installation, development or operation of any energy production improvement at or in connection with a state facility, and notwithstanding any other provision of law, any department or agency of the State, subject to approval of the Bureau of General Servi…

No later than January 1, 2010, all electricity consumed in state-owned buildings must be supplied by renewable resources. For purposes of this section, "renewable resource" has the same meaning as in Title 35‑A, section 3210, subsection 2, paragraph C. In purchasing electricity f…

Any department or agency of the State, subject to approval of the Bureau of General Services, may enter into an agreement with a private party such as an energy service or 3rd-party financing company for the design, installation, operation, maintenance and financing of energy con…

The Bureau of General Services shall develop an energy efficiency incentive program in which an eligible department or agency of the State may retain a portion of any first-year energy cost savings demonstrably attributable to energy efficiency improvements undertaken by that dep…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Direct light" means light emitted directly from a lamp off a reflector or through a refractor of a luminaire. [PL 1991, c. 481, §1 (NEW).] B. "Fix…

1. Goal. The Legislature finds it is in the best interests of the State to significantly reduce its energy consumption to the extent possible without interfering with other goals, plans and policies of the State. The energy reduction goal, referred to in this section as the "goal…