§ 26. Maintaining capital assets. 1. Every contract made by or on
behalf of the state or any agency or official thereof for new capital
projects or programs which cost more than two million dollars, and which
involve plumbing, electrical, heating and ventilating or other
mechanical or electrical systems, shall require that a comprehensive
manual be supplied by the contractor explaining the design concept and
covering the proper operation and maintenance of the entire system. Such
manual shall be designed, using explanatory diagrams as needed, to cover
both day-to-day operations and emergencies so as to insure proper care
and maximum useful life of the project. This contract provision may, in
the discretion of the contracting state agency or official, be waived
whenever the necessary operation and maintenance information is
available from other sources, is not necessary due to the nature of the
asset, is already available for a similar project, or is provided free
by a supplier and covers the maintenance needs of the entire system.

2. The head of each state agency, in cooperation with any related
entity responsible for construction oversight or financing of agency
projects, shall develop an annual five-year scheduled maintenance plan,
by asset or asset group, for the capital assets under the jurisdiction
of the agency. Such scheduled maintenance plan, where applicable, shall
be designed to meet or exceed engineering or architectural standards for
such assets. Such scheduled maintenance plan shall include:

(a) a description of the age and current condition of such capital
assets, by asset or asset group;

(b) the establishment of goals for the condition of such capital
assets, by asset or asset group, for each of the next five fiscal years;
and

(c) a description of the maintenance activities and projected levels
of funding necessary for the next five fiscal years to achieve the goals
for the condition of such capital assets, by asset or asset group.

Such scheduled maintenance plan may be developed in coordination with
and as part of a capital plan prepared pursuant to other provisions of
law.

3. The head of each state agency shall cause to be performed once
every five years an independent evaluation of the agency's scheduled
maintenance plan. Such evaluation shall be conducted by individuals
expert in the field of maintenance and maintenance planning, and shall
be submitted to the governor and to the chairs of the senate finance
committee and the assembly ways and means committee. Such evaluation
shall include, but not be limited to:

(a) an assessment of the adequacy of the scheduled maintenance of the
capital assets under the jurisdiction of the agency;

(b) recommendations for any improvements or technological advances in
the way in which the agency should maintain the capital assets under its
jurisdiction; and

(c) an assessment as to whether the level or allocation of funding for
scheduled maintenance is sufficient.

4. No scheduled maintenance plan or evaluation of such plan required
by this section shall be admissible in any action or proceeding in which
the state or any of its departments, agencies or authorities, or any
municipal corporation or other political subdivision, or any officer or
employee thereof, is a party, to prove the existence of a particular
defect or dangerous condition in any capital asset or portion thereof;
nor shall the state or any of its departments, agencies or authorities,
or any municipal corporation or any other political subdivision, or any
officer or employee thereof, be held liable for damages as a result of a
failure to comply with any scheduled maintenance plan required by this
section or to take any action as a result of an evaluation of such plan.