School district-natural gas fueling facilities.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0259

HOUSE BILL
NO.

HB0176

School district
-natural gas fueling facilities
.

Sponsored by:
Representative(s) Stubson, Harshman, Sommers and Zwonitzer, Dn. and Senator(s) Perkins

A BILL

for

AN ACT relating to
school district capital construction funding; establishing a pilot program
providing
reimbursement
to school districts
for construction of natural gas fueling facilities;
allowing for the reimbursement of buses fueled by natural gas;
specifying requirements;
authorizing rulemaking;
requiring reporting;

providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 21
‑
13
‑
320(
f) is amended to read:

21
‑
13
‑
320.

Student transportation; amount within school foundation program formula for transportation
maintenance and operations expenditures and school bus purchases; district reporting requirements.

(f)

The department of education shall adopt necessary rules and regulations to implement and enforce state standards established under this section and to administer this section. District expenditures computed under subsection (b) of this section shall not include expenditures for employee contributions to the
Wyoming
retirement system exceeding five and fifty-seven hundredths percent (5.57%) of any member employee's salary. In addition, the department shall, in accordance with procedures prescribed by department rule and regulation, establish a base price for each school bus type or other student transportation vehicle type for the applicable fiscal period that complies with minimum state standards for vehicle specifications and equipment. The department shall also establish a process including competitive bidding which guarantees the acquisition of school buses and other student transportation vehicles approved for reimbursement and complying with state minimum standards and district fleet size restrictions at the established base price for the applicable fiscal year. In addition and for purposes of reimbursement under subsection (g) of this
section, the department shall in consultation with the pupil transportation committee, establish a minimum, average and optimal replacement schedule for each school bus type or other student transportation vehicle type
, including but not limited to buses fueled by compressed natural gas
. School districts shall notify the department of school bus and other student transportation vehicle needs and requirements for the appropriate fiscal year in the manner and within the times prescribed by department rule and regulation, and shall report expenditures, purchases and lease arrangements for the applicable reporting period, including vehicles replaced by purchases and leases, as required by department rule and regulation. The department shall annually review and conduct audits as necessary of information submitted under this section. As authorized under W.S. 21
‑
13
‑
307(b), the department may correct the information reported by districts under this section as necessary to fairly and accurately reflect the data type, classification and format required to administer this section in accordance with law and department rules and regulations.

Section
2
.

(
a
)

The natural gas fueling facility pilot program for Wyoming school districts is established. The school facilities department shall reimburse school districts for the construction of natural gas fueling facilities
to be utilized

to fuel natural gas vehicles owned by the school district
in accordance with this act.

(
b
)

Each school district may apply to the school facilities department for reimbursement for the construction of a natural gas fueling facility in accordance with this act and rules and regulations promulgated by the school facilities department.

(
c)

Application shall be on a form and in a manner prescribed by the department. At a minimum, the application shall include evidence that
a
natural gas fueling facility is cost-effective as compared to traditional fueling methods utilized by school districts.
The application shall include evidence that all funds available by other means for construction of natural gas fueling facilities have been applied for and the total
reimbursement
shall be reduced to the extent amounts are duplicative o
f any costs funded or paid for by other means
.

(
d)

The school facilities department shall notify each district of its eligibility to submit an application to be considered for reimbursement
of costs
of a natural gas fueling facility. The department shall include application requirements in the notification to the school districts.

(
e
)

Not later than October 1, 2013, t
he school facilities department shall report to the select committee on school facilities on the pilot
project
. The report shall include tabulation of construction costs and the economic feasibility of the construction of natural gas fueling facilities
as compared to the costs of traditional fueling methods
.

(
f
)

Subject to amounts appropriated, f
unds shall be awarded by the school facilities department to fund the total cost for the construction of a natural gas fueling facility
meeting the requirements of this act and rules and regulations adopted pursuant to this act
. The amount awarded shall be reduced to the extent the amounts are duplicative of any costs funded or paid for by
other means
. Funds shall be awarded
on a first come, first serve
d
basis
. In the event additional funds are necessary
to fully
reimburse a school district for an approved project
, the school facilities department shall
report the shortfall
to the select committee on school facilities.

(
g)

Funding for the pilot program established under this section shall be by a
ppropriation of the legislat
ure
. No school district shall be entitled to reimbursement from any funds not specifically appropriated for purposes of this act regardless of approval of, or partial reimbursement for, the projects by the department.

Section
3
.
For the period commencing on the effective date of this act, t
here is appropriated
twelve
million dollars
($
12
,000,000
.00) from the
school capital construction account
to the
school facilities department
.
This appropriation shall only be expended for
reimbursement of school districts for construction of natural gas fueling facilities in accordance with this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose
.

Notwithstanding any other provision of law,
any unexpended, unobligated funds from this appropriation shall
not
revert
until further action of the legislature to revert the funds.

Section
4
.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0176