Subchapter AA. UTILIZATION OF COMMONWEALTH-OWNED AND LEASED SPACE
Sec.
1.321. Responsibilities.
1.322. Compliance by State agencies.
1.323. Requests for space.
1.324. Department relationship with other agencies.
1.325. Effective date.
1.326. Termination date.
1.327. Rescission.
Source The provisions of this Subchapter AA adopted by Executive Order No. 1980-6, dated February 28, 1980, effective March 22, 1980, 10 Pa.B. 1295; amended by Executive Order No. 1991-2, dated February 27, 1991, effective February 27, 1991, 21 Pa.B. 1160; amended by Executive Order No. 2004-2, dated February 18, 2004, effective February 18, 2004, 34 Pa.B. 2057, unless otherwise noted. Immediately preceeding text appears at serial pages (200907) to (200908) and (265757).
§ 1.321. Responsibilities.
(a) The Department of General Services is responsible for:
(1) The central management of the allocation of Commonwealth-owned and leased space and shall have all necessary authority to do so properly.
(2) Maintaining an inventory of all Commonwealth-owned and leased space and shall regularly inspect these facilities to ensure that they are being fully and economically used by the tenant agencies.
(3) Upon receipt of a request from an agency for additional space or for the renewal of a lease for existing space, determining the following:
(i) Whether there exists proper justification for the request.
(ii) Whether the type of facility, its size and location are justified on the basis of its intended use and the actual complement of personnel using the space.
(iii) Whether the request can be accommodated by the use of already existing Commonwealth-owned or leased space, or by consolidation with existing owned or leased space.
(iv) Whether, in the case of a request for a renewal, the lease should be renewed and the terms of the renewal outlined in writing.
(4) Terminating or amending leases.
(5) Decreasing the amount of space leased.
(6) Ordering the consolidation of space within or among facilities and agencies.
(7) Moving agencies from leased space to owned space.
(8) Declaring property surplus to the needs of an agency.
(9) Taking any other action that will result in the elimination of unnecessary or inefficiently used space and the comprehensive and economic use of all existing facilities and land.
(b) No approval or consent of the tenant agency will be required for the Department of General Services to take action under this section.
§ 1.322. Compliance by State agencies.
Administrative departments, boards and commissions shall:
(1) Comply with sections 508 and 2402(a) of The Administrative Code of 1929 (71 P. S. § § 188 and 632(a)) and 62 Pa.C.S. § 322 (relating to specific construction powers, duties and procedures) when expending funds in connection with planning for or when altering, repairing or improving Capitol Complex buildings or those buildings designated as State office buildings.
(2) Obtain approval from the Department General Services before changing the location of space assigned in Capitol Complex buildings or those buildings designated as State office buildings.
(3) Obtain approval from the Department of General Services before leasing space or renewing or renegotiating leases.
(4) Comply with section 2402(a) of The Administrative Code of 1929 by providing the Department of General Services a listing of all annual surveys of real property under their jurisdiction, and identifying among the real properties those that are surplus to their current needs.
§ 1.323. Requests for space.
Agency heads are responsible for requesting additional space, if needed, or for renewing leases. To request additional space or to renew a lease, alternatives to doing so should be reviewed by agency heads, including the possibility of consolidations within their agency or with other agencies in already-leased or Commonwealth-owned facilities. Agency heads’ efforts, in this regard, shall be fully detailed in any request to the Department of General Services for space.
(1) Upon receipt of the Department of General Services’ response to any request for space, the agency head of the requesting agency shall direct a staffperson to prepare and provide the Department of General Services with whatever agency authorization is required, and to cooperate and comply with the Department of General Services’ decision.
(2) Consistent with the Downtown Location Law (73 P. S. § § 821—840) and guidelines developed by the Department of General Services, agency heads are strongly encouraged to lease space in downtown areas, whenever possible. The Department of General Services will take all measures necessary to ensure that the goals of the Downtown Location Law are met, and that lessors with facilities located in downtown areas are provided with opportunities to lease those facilities to Commonwealth agencies.
§ 1.324. Department relationship with other agencies.
To implement the purpose of this subchapter, the Department of General Services may request and receive from any department, board, commission or any other agency under the jurisdiction of the Governor, cooperation, information and data needed to properly carry out its powers and duties. Independent agencies are also encouraged to participate with the provisions outlined in this subchapter.
§ 1.325. Effective date.
This subchapter is effective immediately.
§ 1.326. Termination date.
This subchapter will remain in effect unless revised or rescinded by the Governor.
§ 1.327. Rescission.
Executive Order 1991-2, Utilization of Commonwealth-Owned and Leased Space, is rescinded.
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