The Vermont Statutes Online

Title 29: Public Property and Supplies

Chapter 059: Surplus Property

• § 1551. The State agency for surplus property

  The Department of Buildings and General Services of the Agency of Administration is designated the State agency for surplus property. (1965, No. 19, § 1, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 1552. Authority and duties

  (a) The Department of Buildings and General Services may:

  (1) acquire from the United States of America under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, herein referred to as the “federal act,” such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health, or civil defense, including research for any such purpose, and for such other purposes as may be authorized by federal law;

  (2) warehouse such property; and

  (3) distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities that are exempt from taxation under section 501(c)(3) of the U.S. Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may be eligible under federal law to acquire such property.

  (b) The Department of Buildings and General Services may receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for those purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under section 203(k) of the federal act.

  (c) For the purpose of executing its authority under this chapter, the Department of Buildings and General Services may adopt, amend, or rescind such rules and regulations and prescribe such requirements as it may consider necessary; and take such other action as it considers necessary and suitable, in the administration of this chapter, to ensure maximum utilization, within the State, of property distributed under this chapter, to eligible health, educational, and civil defense institutions and organizations and to such other types of institutions or activities as may be eligible under federal law in effect when the action is taken.

  (d) The Department of Buildings and General Services may make such certifications, take such action, make such expenditures, require such reports, and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the Department of Buildings and General Services from the United States of America and enter into contracts, agreements, and undertakings for and in the name of the State (including cooperative agreements with any federal agencies providing for utilization by and exchange between them, without reimbursement, of the property, facilities, personnel, and services of each by the other, and agreements with other State agencies for surplus property and with associations or groups of such State agencies).

  (e) The Department of Buildings and General Services may act as a clearing house of information for the public and private nonprofit institutions, organizations, and agencies referred to in subsection (a) of this section and other institutions eligible to acquire federal surplus real property, locate both real and personal property available for acquisition from the United States of America, ascertain the terms and conditions under which such property may be obtained, receive requests from the above-mentioned institutions, organizations, and agencies and transmit to them all available information in reference to such property, and aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

  (f) The Department of Buildings and General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the federal act, with the departments or agencies of the United States of America, shall file a State plan of operation, operate in accordance therewith, take such action as may be necessary to meet the minimum standards prescribed in accordance with the federal act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require. It shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, and use of, or accounting for, property donable or donated to eligible donees in the State. (1965, No. 19, § 2, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 1553. Power of Commissioner of Buildings and General Services to require bond

  The Commissioner of Buildings and General Services may in his or her discretion bond any person in the employ of the Department of Buildings and General Services handling monies, signing checks, or receiving or distributing property from the United States under authority of this chapter. (Added 1965, No. 19, § 3, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 1554. Transfer charges

  Any charges made or fees assessed by the Department of Buildings and General Services for acquiring, warehousing, distributing, or transferring of any property of the United States of America for educational, public health, or civil defense purposes, including research for any such purpose, or for any purpose that may be eligible under the federal act as amended before or after April 2, 1965, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution, or transfer by the Department of Buildings and General Services. In the case of real property, those charges and fees shall be limited to the reasonable administrative costs of the Department of Buildings and General Services incurred in effecting transfer. (1965, No. 19, § 4, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 1555. Acquisition and distribution of surplus commodities

  (a) The Commissioner of Buildings and General Services may apply for and warehouse surplus government commodities made available by the U.S. Department of Agriculture under section 32 of the act of August 24, 1935, as amended and related legislation, and section 416 of the Agricultural Act of 1949. He or she may distribute the commodities to recipients who are eligible under the above-mentioned federal statutes and U.S. Department of Agriculture regulations.

  (b) He or she may also apply for and warehouse government commodities made available under section 6 of public law 396, approved June 4, 1946, known as the National School Lunch Act, and distribute those commodities to tax-supported or tax-exempt schools operating approved school lunch programs. (Added 1965, No. 20, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 1556. State surplus property

  (a) All material, equipment, and supplies found to be surplus by any State agency or department shall be transferred to the Commissioner of Buildings and General Services. The Commissioner of Buildings and General Services shall be responsible for the disposal of surplus State property. The Commissioner of Buildings and General Services may:

  (1) transfer the property to any other State agency or department having a justifiable need for the property, or transfer to any municipality, school, or nonprofit organization having a justifiable need as determined by a State agency or department, and assess an administrative fee if deemed appropriate;

  (2) store or warehouse the property for future needs of the State;

  (3) transfer the property to municipalities for town highways and bridges;

  (4) after giving priority to the provisions of subdivisions (1), (2), and (3) of this subsection, transfer used bridge beams and other surplus material, equipment, and supplies to VAST, the local affiliates of VAST, or to municipalities cooperating with VAST or municipalities developing and maintaining their own trail system;

  (5) recondition and repair any property for use or sale when economically feasible;

  (6) sell surplus property by any suitable means, including bids or auctions;

  (7) donate, at no charge, surplus motor vehicles and related equipment, to any nonprofit entity engaged in rehabilitating and redistributing motor vehicles to Vermont residents with low income, provided that the Commissioner has first attempted to sell or satisfy the needs of the State for the vehicles or equipment concerned.

  (b) Any municipality, school, or nonprofit organization that receives a transfer of property pursuant to this section shall assume ownership of the property from the State. (Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 76, eff. April 29, 1998; 2001, No. 141 (Adj. Sess.), § 28, eff. June 21, 2002; 2015, No. 160 (Adj. Sess.), § 27, eff. June 2, 2016.)

• § 1557. Transfer charges and credits

  (a) The Commissioner of Buildings and General Services shall establish a system of transfer charges and credits by which an agency or department shall be charged for the receipt of surplus property together with reasonable costs of transfer and reconditioning; and by which an agency or department shall be credited with the proceeds of any sale or transfer of surplus property less any costs of transfer and reconditioning.

  (b) Transfer charges and credits shall be made against the appropriation of the respective department or agency. Funds credited shall be classified as special funds, and managed in accordance with 32 V.S.A. chapter 7, subchapter 5; provided, however, that any funds credited to the Agency of Transportation shall be transferred to the Transportation Fund. (Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 421, eff. May 22, 1996; 2009, No. 50, § 67.)