School capital construction.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0105

ENROLLED ACT NO. 44, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
school facilities projects; providing appropriations for school facility projects for the
remainder of the biennial period commencing July 1, 2012;
providing definitions; modifying construction schedule parameters;
and providing for effective date
s
.

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

Section 1.

(a)

As used in this section
:

(i)

"N
eeds index priority
" means
the needs index priority used
by the school facilities commission in developing 2013
supplemental budget recommendation for the fiscal year beginning July 1, 2013, and ending June 30, 2014
;

(ii)

"Previous" means continuation of projects prioritized by needs indices in effect prior to the index developed for the 2013
supplemental
budget recommendation
for the fiscal year beginning July 1, 2013, and ending June 30, 2014
.

(
b
)

The following amounts are appropriated from the school capital construction account to the school facilities commission for

the
remainder of the fiscal biennium beginning July 1, 2012,

and ending June 30, 2014,
for the specified purposes:

(i)

For design projects:

(A)

U
p to
four million nineteen thousand forty-one dollars
($
4,019,041
.00) subject to
the
prescribed maximum amounts
:

Needs
Index
School
Maximum
Priority
District
Project
Amount

Previous (7)
Carbon #1
High School
$ 303,488*
Previous (57) Park #1
Middle School
$ 110,945*
Previous
Fremont #21
K-8
School
$ 2,406,464*
3
Natrona #1
Elementary School
$ 616,308*
9
Goshen #1
Elementary School
$ 406,316*
Phased
Big Horn #2
High School
$ 175,520*
Total
$
4,019,041

(B)

Appropriations under subparagraph (A) of this
paragraph
which are asterisked (*), are supplemented by previous appropriations for that specific design project, resulting in total design funding for that project greater than the amount appropriated under this subparagraph.

(ii)

Notwithstanding the introductory provision of this subsection, for the period commencing July 1, 2013, and ending June 30, 2014, for
capital construction projects:

(A)

U
p to

one hundred seventy million nine hundred eighty-six thousand four hundred eighty-one dollars ($170,986,481.00)
subject to
following
maximum amounts:

Needs
Index
School
Maximum
Priority
District
Project
Amount

Previous (57)
Park #1
Middle School
$20,829,927*
Previous (7)
Carbon #1
High School
$ 2,023,250*
Previous
Fremont #
21
K-8 School
$10,629,235*
3
Natrona #1
Elementary
$ 7,178,085*
9
Goshen #1
Elem
e
ntary
$ 6,267,812
13
Albany #1
High School
$62,793,354
16
Uinta #1
Elementary School
$17,739,919
17
Fremont #14
Elementary School
$15,214,785
21
Laramie #1
Junior High School
$
4
,
0
00,000
25
Natrona #1
Alternative High School
$16,318,523
Phased
Big Horn #2
High School
$ 4,218,261
Phased
Campbell #1
Elementary School
$ 3,773,330
Total
$
170,
986
,481

(B)

Appropriations under subparagraph (A) of this
paragraph
which are asterisked (*), are supplemented by previous appropriations for that specific construction project, resulting in total construction funding for that project greater than the amount appropriated under this subparagraph.

(
iii
)

Up to
two million four
hundred
thirty-two
thousand
nine h
undred
forty-two
dollars ($
2,432,942
.00) for the following demolition projects
subject to prescribed maximum amounts
:

Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Natrona
#
1
Admin
B
ldg
$ 50,000
N/A
Washakie #1
Demolition
$ 150,000
N/A
Park #1
High
S
chool
D
esign/
D
emolition
$
2,232,942
Total
$
2,432,942

(i
v
)

Up to
two
million
nine
hundred

fifty
thousand
d
ollars ($
2
,
950
,
000
.00) for land acquisitions

approved by the
school facilities commission
. Prior to expenditure
of this appropriation
, the
school facilities department
shall report proposed acquisitions to the cochairm
e
n of the joint

appropriations committee and the select school facilities committee. Expenditures under this paragraph shall at minimum address the land acquisition needs for a future
6-12
school building in Big Horn School District No. 4 and future elementary school buildings in Campbell County School District No. 1, Fremont County School District No. 25 and Sheridan County School District No. 2;

(v)

Up to
six
million
six
hundred
fifty-six
thousand
twenty
dollars ($
6
,
656
,0
2
0.00) for the following ancillary building projects
, subject to
the prescribed maximum amounts:

Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Lincoln
#
2
Admin Building
$
3,18
2
,251
N/A
Carbon #1
Bus Barn
$3,473,769
Total
$6,656,020

(vi)

Up to one million five hundred fifty-one thousand two hundred sixty dollars ($1,551,260.00) for the following track construction projects, subject to the prescribed maximum amounts:

Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Johnson #1
Re
novation
of
H
igh
S
chool
T
rack
$ 50,619
N/A
Lincoln #1
Study of Track
Remedy
$ 25,000
N/A
Laramie #2
Renovation of
High School Sports
Field and Track
$1,475,641
Total
$
1,551,260

(vii)

For component level projects:

(A)

Up to four million five hundred ninety-seven thousand three hundred dollars ($4,597,300.00)
,
subject to the
following
maximum amounts:

Component
Projects
School
Maximum
Category
District
Project
Amount

e.
Platte
#2
Elementary/
High
School
$
150
,000
s
.
Carbon
#1
K-12
School
$
5
00,000
e.
Campbell
#1
Elementary

School
$ 460
,000
e
.
Platte
#
2
Ancillary
Building
$

15,000
s.
Campbell
#1
Elementary School
$

92
,000
s
.
Goshen
#1
High
School
$
65
0,000
s.
, i.
Platte
#1
Elementary School
$
4
50,000
s
.
Campbell
#1
7-12
School
$
15
0,000
s
.
Fremont
#2
5
K-3 School
$ 156
,
8
00
s
.
Fremont #25
4-5
School
$
96
,000
c
.
Campbell
#1
Elementary School
$

20
0,000
c
.
Campbell
#
1
Elementary School
$
241,5
00
c.
Campbell #1
Elementary School
$ 126,500
s.
Campbell #1
Elementary School
$ 632,500
c.
Campbell #1
Elementary School
$ 92,000
s.
Campbell #1
7-12 School
$ 135,000
s.
Laramie #2
Elementary School
$ 65,000
c.
Weston #1
Bus Barn
$ 385,000
Total
$
4,597,300

(B)

As used in subparagraph (A) of this
paragraph
, the following component project categories are defined as follows:

(I)

"c." means a building component with a life expectancy of twenty (20) years or more;

(II)

"e." means the building envelope or protective shell;

(I
II
)

"i." means illumination building components;

(
I
V)

"s." means components pertaining to building safety, security or health.

(viii)

Up to
six million
two
hundred forty-two thousand nine hundred fifteen dollars ($6,
242
,915.00) for unanticipated costs associated with design, construction and component level projects funded under this subsection
;

(ix)

Ten million dollars ($10,000,000.00) for planning and design remedies to address school building capacity needs
as
identified by the
school facilities commission and reported to the select committee on school facilities and the joint appropriations committee by March 31, 2013
.

(c)

From amounts appropriated by 2012 Wyoming Session Laws, Chapter 16, Section 1(d), five hundred seventeen thousand three hundred thirty-four dollars ($517,334.00) shall be paid by the school facilities department to Natrona county school district no. 1 for reimbursement of amounts expended for the acquisition and demolition of properties involved in a high school renovation project site.

Section 2.

2012 Wyoming Session Laws, Chapter 16, Section 1(c)(viii)(E)
and (d)
is amended to read:

(c)

The following amounts are appropriated from the school capital construction account to the school facilities commission for the 2013
‑
2014 biennium for the specified purposes:

(viii)

For capital construction projects:

(E)

In expending funds for capital construction projects appropriated under
this paragraph

2012 Wyoming Session Laws, Chapter 16, Section 1(c)(viii)
,

for capital construction projects
funded
under
the 2013 supplemental appropriation and for capital construction projects funded under prior biennial appropriations which are expended on and after the effective date of this
act
,

the
director of the department, in consultation with the governor, shall develop a construction schedule

in consideration of parameters established by this subparagraph. These parameters are not inten
d
ed to be quantifiable.
T
he parameters are
to be
established for use in
efficiently
administering available resources and in
scheduling capital construction
projects
in a manner maximizing taxpayer's
value
in deploying resources
.

Any decision rendered by the director under this subparagraph is a

discretionary
determination not subject to
judicial

review
; a school district's only relief is to the Wyoming legislature
.
The construction schedule developed in accordance with this subparagraph shall consider parameters

that
:

(I)

Maximizes

Maximize
cost savings at or below project
budget
amounts
specified under this paragraph

appropriated by law
;

(II)

Optimizes

Optimize
Wyoming workforce opportunities at a predictable and manageable level;

(III)

Provides

Provide
for construction throughout the state in a manner as uniform as is possible;
and

(IV)

Prevents

Prevent
unnecessary delays in initiating and implementing building and facility remedies
.

(d)

Effective July 1, 2013,
U
p to one hundred nineteen million two hundred thirty-eight thousand three hundred eight dollars ($1
19,238,308.00) is appropriated from the school capital construction account to the school facilities commission for the high school construction and renovation project addressing needs index priority 19 in Natrona county school district no. 1.

Section 3.

An amount is appropriated from the permanent land fund holding account created by 2012 Wyoming Session Laws, Chapter 16, Section 1(j)(iv), as necessary to ensure a positive balance is maintained within the school capital construction account as of June 30, 2014.

Section 4.

2012 Wyoming Session Laws, Chapter 16, Section 2(c) is repealed.

Section
5
.

(a)

Except as provided in subsection (b) of this section, 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.

(b)

Notwithstanding subsection (a) of this section, section 1(b)(ii) of this act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1