Section 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.