STATE-OWNED REAL PROPERTY MANAGEMENT/PED.

View NCGA Bill Details2015-2016 Session
Senate Bill 747 (Public) Filed Monday, April 25, 2016
AN ACT TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO ACTIVELY MANAGE THE STATE'S PORTFOLIO OF REAL PROPERTY; TO REQUIRE MEASUREMENT OF THE CURRENT UTILIZATION OF STATE-OWNED FACILITIES; TO ENSURE THE ACCURACY OF THE REAL PROPERTY INVENTORIES MAINTAINED BY THE DEPARTMENT OF ADMINISTRATION; AND TO ENSURE THAT THE USE OF STATE-OWNED SPACE IS MAXIMIZED BEFORE LEASES ARE ENTERED INTO OR RENEWED, AS RECOMMENDED BY THE PROGRAM EVALUATION DIVISION OF THE GENERAL ASSEMBLY.
Intro. by Gunn, Hartsell, Krawiec.

Status: Ch. SL 2016-119 (Senate Action) (Jul 28 2016)

SOG comments (1):

Identical bill

Identical to H 975, filed 4/26/16.

Bill History:

S 747/S.L. 2016-119

Bill Summaries:

  • Summary date: Aug 2 2016 - More information

    AN ACT TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO ACTIVELY MANAGE THE STATE'S PORTFOLIO OF REAL PROPERTY; TO REQUIRE MEASUREMENT OF THE CURRENT UTILIZATION OF STATE-OWNED FACILITIES; TO ENSURE THE ACCURACY OF THE REAL PROPERTY INVENTORIES MAINTAINED BY THE DEPARTMENT OF ADMINISTRATION; AND TO ENSURE THAT THE USE OF STATE-OWNED SPACE IS MAXIMIZED BEFORE LEASES ARE ENTERED INTO OR RENEWED, AS RECOMMENDED BY THE PROGRAM EVALUATION DIVISION OF THE GENERAL ASSEMBLY. Enacted July 28, 2016. Effective July 28, 2016, except as otherwise provided.


  • Summary date: Jun 20 2016 - More information

    Senate amendment makes the following changes to the 1st edition.

    Amends proposed GS 143-341.2(a), which sets out the powers and duties of the Department of Administration, to allow the Department to identify another sufficient industry standard upon which to base the space planning standards developed pursuant to the Department's statutory duty under proposed subdivision (4) as an alternative to basing the standards on the Federal GSA's Office of Real Property Management Performance Measurement Division Workspace Utilization and Allocation Benchmark report.


  • Summary date: Apr 25 2016 - More information

    Includes various whereas clauses discussing North Carolina's portfolio of real property  and associated management.

    Enacts new GS 143-341.2 concerning proactive management of State-owned and leased real property, setting out seven duties of the Department of Administration (Department) in regards to proactively managing the NC real property portfolio. These duties include the development of a comprehensive state facilities plan by December 1, 2018, as well as establishing a performance management system, developing utilization measure procedures, developing and enforcing space planning standards, updating real property inventories, and developing a surplus property identification and disposal system. Also requires the Department to make a series of reports, including a report no later than December 1, 2018, and every five years after that, to the Joint Legislative Commission on Government Operations, the Fiscal Research Division, and the Program Evaluation Division, concerning the comprehensive state facilities plan and a summary of the performance measurement procedures. Sets out other annual reporting requirements concerning the State's portfolio of real property. Sets out duties of other state agencies concerning management of real property, including a required report with detailed information concerning property use. Further requires agencies to verify information contained in the real property inventories within 60 days of notice from the Department and to develop a five-year property management plan no later than July 1, 2018, with the plan required to be submitted to the Department for review. Sets out exemptions to the new statute's requirements.

    Requires the Department to report to the Joint Legislative Commission on Government Operations, the Fiscal Research Division, and the Program Evaluation Division, no later than June 1, 2017, in regards to the plan to analyze utilization of all State-owned or leased facilities. Requires quarterly reports before the submission of the utilization report. 

    Also requires the Department, by June 1, 2017, to perform an unannounced visit to a random facility owned or allocated to each agency in order to obtain utilization information, provide guidance and training on methods for employing utilization measures, and refine the utilization measures.

    Amends GS 146-72 concerning the State Land Fund, authorizing the Fund to be used to pay for expenses incurred by the State Auditor in carrying out duties relating to collecting and reporting on information on property use.

    Amends GS 143-341 to expand the powers and duties of the Department of Administration, requiring their inventory of State real property to also show the latitude and longitude of the center of the property. Further requires a database in lieu of an inventory of buildings owned or leased by the State or a State agency to be maintained and kept current. Requires this inventory to serve as the State inventory and sets out 15 required components of the inventory including ownership information for buildings, annual operating costs, and parking and employee facilities. Sets out procedures for the Department to develop and update this inventory.

    Repeals GS 143C-8-2, concerning a required capital facilities inventory.

    Amends GS 143C-8-1(b)(1) making conforming changes reflecting the new required database.

    Requires the Department to report to the Joint Legislative Commission on Governmental Operations, the Fiscal Research Division, and the Program Evaluation Division on the changes required to the real property database, with the report due no later than December 1, 2016. 

    Amends GS 146-23 concerning when State agencies want to acquire land, adding language that requires the Department to review utilization information contained in the real property inventories when investigating the availability of land already owned by the State or an agency. Amends GS 143-341, the powers and duties of the Department, making conforming changes and adding language to demonstrate the requirement to search and review real property utilization information when investigating the availability of office space already owned by the State. Effective July 1, 2018. 

    Specifies a list of agencies operating offices outside of state owned property, requiring that once leases have completed all the agencies and functions will be reallocated to State-owned property. Adds that in the case suitable arrangements cannot be made, then the applicable lease can be renewed after consulting with the Joint Legislative Commission on Governmental Operations at least 60 days before renewal. 

    Prohibits any State agency from entering into a new lease before July 1, 2018 unless it certifies to the Department that it has searched all existing State-owned property as well as contacted other agencies to further identify unused property and has found none suitable.


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