School facilities appropriations.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0042

ENROLLED ACT NO. 56, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to school facilities projects; providing appropriations for school facility projects for the biennial period
J
uly 1, 201
4 through June 30, 2016
; providing definitions;
requiring reporting;
providing for lease and maintenance payments for specified educational space;

and providing for effective date
s
.

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

Section 1.

(a)

This act shall
consist of
the 2015
‑
2016 biennial school capital construction appropriation.

(
b
)

As used in this section
:

(i)

"
Condition n
eeds index priority
" means
the
condition needs
index priority used
by the school facilitie
s commission in developing the
remediation schedule for the
2015
‑
2016 biennial
budget recommendation
in accordance with

W.S. 21
‑
1
5
‑
117(a)(i)
;

(ii)

"Capacity" means building needs as measured by criteria established by the school facilities commission pursuant to W.S. 21
‑
1
5
‑
117(e);

(
iii
)

"Previous" means continuation of projects prioritized by
condition
needs ind
ices
in effect prior to the index
developed for the
20
1
5
‑
201
6
biennial budget
recommendation
;

(iv)

"Building adequacy standards" means the uniform statewide standards for the adequacy of school buildings and facilities necessary for providing educational programs prescribed by law for public schools,
as adopted by the school facilities commission under W.S. 21
‑
15
‑
115, except as otherwise provided by this paragraph. The building adequacy standards for those buildings and facilities funded under this section and for those buildings and facilities funded under 2012 Wyoming Session Laws, Chapter 16, and 2013 Wyoming Session Laws, Chapter 129, which at minimum have completed the project value engineering design phase, and in order to meet requirements of the Wyoming high school activities association for competition gymnasiums, shall allow for ceiling height limitations at a minimum of twenty-five (25) feet.

(
c
)

T
he amounts appropriated from the school capital construction account under this act are for the biennial period commencing July 1, 2014, and ending June 30, 2016.
A
s authorized under W.S. 21
‑
15
‑
119(a)(iii),
the school facilities commission shall submit a supplemental budget request for the period beginning July 1, 2015, and ending June 30, 2016, for any emergency or unanticipated need
,

or for any refinement or modification of a project funded under this section,
subject to
any
constraints and
other
requirements imposed by the governor under W.S. 9
‑
2
‑
1013.

(d)

A
n estimated
schedule for deploying projects funded by amounts appropriated under this section and projects funded by previous appropriations, as adopted by the school facilities commission and contained within Appendix A to the 2015
‑
2016 biennial budget submitted by the commission under W.S. 21
‑
15
‑
119, shall be used by the school facilities department in guiding
the
expendi
ture of
appropriated funds. The
estimated
schedule developed under this
sub
section shall be based upon information, processes, events and expenditures and shall not be binding upon the department or the commission. Amounts appropriated under this section and previous appropriations shall not be construed to be an entitlement or guaranteed amount and
shall be expended by the commission and department to ensure adequate, efficient and cost effective school buildings and facilities in accordance with W.S. 21
‑
15
‑
114(a)(vii).

In addition to accounting requirements imposed under W.S. 28
‑
11
‑
301(c)(iv), the school facilities department shall develop a process for reporting
at least once each year, the
deployment of amounts funding projects under this section and previous appropriations in accordance with the deployment schedule, depicting project progression and if applicable, the rationale for deviation from the
estimated
schedule.
The reports
, as approved by the commission,
shall be submitted
by the department
to the
select committee on school facilities,
the joint education interim committee,
the joint
appropriations
interim
committee and the governor.

(
e
)

The following amounts are appropriated from the school capital construction account to the school facilities commission for
the
fiscal biennium beginning July 1, 201
4
,

and ending June 30, 201
6
,
for the specified purposes:

(i)

For planning projects:

(A)

Up to one hundred thousand dollars ($100,000.00
)
,
subject to
the
prescribed maximum amounts
:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Capacity
Washakie
#1
Elementary
School
$
50,000
7
Washakie #2
K-12
School
$
50,000
Total
$
100,000

(
B
)

I
n addition to
the
amounts appropriated under subparagraph (A) of this paragraph,
up to two hundred fifty thousand dollars ($250,000.00) for planning projects

approved by the school facilities commission.
Except as otherwise specified in this subparagraph, t
he amounts appropriated under this subparagraph shall only be
available
for expenditure as specifically authorized by the legislature. The school facilities commission may through the school facilities department, use the B-11 process as provided under W.S. 9
‑
2
‑
1005(b) to expend amounts appropriated under this subparagraph prior to legislative authorization
required under this subparagraph
.
In reporting to the legislature proposed expenditures of amounts appropriated under this subparagraph, the commission shall include the evaluation of remedies addressing facility needs
for
Campbell County School District No. 1, Fremont County School District No. 1,
Laramie County School District No. 1,
Natrona County School District No. 1,
Niobrara County School District No. 1 and

Sheridan County School District No. 2
.

(
i
i)

For design projects:

(A)

Up to
four
teen
million
three
hundred
nineteen

thousand
seven
hundred
twenty-two

dollars
($
14
,
319
,
722
.00
)
,

subject to
the
prescribed maximum amounts
:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Previous
(
21
)
Lincoln #1
High
School
$
104,580
*
Capacity
Uinta #6
Elementary
School
$
308,778
Capacity
Park
#
6
Elementary School
$
741,623
Capacity
Carbon
#1
Elementary School
s
$ 1,202,979
Capacity
Sweetwater
#
2
Alternative
High
School
$
627,954
Capacity
Natrona
#
1
Elementary
School
$ 563,021
Capacity
Laramie #1
Elementary School
$ 177,758
1
Big Horn #4
Middle-High School
$ 2,650,821
5
Albany #1
Elementary School
$ 1,704,640
16
Big Horn #4
Elementary School
$ 1,231,041
17
Laramie #1
Junior High School
$
3,921,327
59
Laramie #2
Elementary School
$
1,0
85,200
Total
$1
4
,
319
,
722

(B)

For the period commencing July 1, 2015, and ending June 30, 2016,
and in addition to the amounts appropriated under subparagraph (A) of this paragraph, s
ix
million
one
thousand
five
hundred
ninety-four

dollars ($
6
,0
01
,
594
.00) for design projects
approved by the school facilities commission.
The amounts appropriated under this subparagraph shall only be available for expenditure as specifically authorized by the legislature.
The school facilities commission shall, within its report to the legislature for the proposed e
xpenditure
of amounts appropriated under this subparagraph, include the design of project remedies addressing the needs of

Campbell County School District No. 1, Laramie County School District No. 1 and

Washakie County School District No. 2
;

(
C
)

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.

(i
i
i)

F
or
capital construction projects:

(A)

Up to nine million nine hundred three thousand eight hundred eighty-three dollars ($9,903,883.00) for projects funded by previous appropriations addressing building needs as prioritized under the condition needs index, subject to the prescribed maximum amounts:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Previous
Albany #1
High School
$ 2,587,631*
(13)
Previous
Goshen #1
Elementary School
$ 3,316,252*
(9)
Previous
Natrona #1
High School/Shared
(5, 19)
Facility
$ 4,000,000
*
Total
$ 9,903,883

(
B
)

Up to
two
hundred
twenty

million
nine
hundred
fifteen
thousand
two
hundred
sixty-one
d
ollars ($
2
20
,
915
,
261
.00)
,
subject to
the
following maximum amounts:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

Previous (
21
)
Lincoln #1
High
School
$
1
,
058
,
420
*
Previous
(
59
)
Fremont #21
K-8 School
$
2,318,614
*
Capacity
Campbell #1
Elementary School
$ 1,737,147
Capacity
Campbell #1
High School
$
30,102,065
Capacity
Sweetwater #1
Elementary
School
$
1
6,
035,699
Capacity
Big Horn
#
3
Middle
School
$
4,693,706
Capacity
Campbell #1
Elementary School
$1
6,035,699
Capacity
Laramie
#1
Elementary School
$1
8,357,703
Capacity
Natrona
#1
Elementary School
$13,310,333
Capacity
Fremont #25
Elementary
School
$
1
3
,
677
,
531
Capacity
Sheridan
#
1
Elementary
School
$
12,998,595
Capacity
Lincoln
#
2
Elementary School
$
2,788,453
Capacity
Weston #1
Elementary School
$ 2,338,561
Capacity
Sweetwater #2
Elementary School
$ 9,726,522
Capacity
Fremont #21
High School
$16,441,037
Capacity
Natrona #1
Elementary School
$ 4,092,089
Capacity
Laramie #1
Elementary School
$ 867,464
Capacity
Sweetwater #2
Elementary School
$ 6,698,790
Capacity
Crook #1
Elementary School
$13,604,770
1
Big Horn #4
Middle/High School
$17,701,657
4
Natrona #1
Elementary School
$ 168,310
6
Sweetwater #2
K-8 School
$ 165,710
16
Big Horn #4
Elementary School
$ 7,981,998
59
Laramie #2
Elementary School
$
8,014,388
Total
$
2
20
,
915
,
261

(
C
)

Appropriations under subparagraph
s

(A) and
(
B
) 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 th
ese
subparagraph
s
;

(D)

The school facilities commission, through the department, shall provide for a separate accounting of those projects receiving supplemental appropriations under subparagraph (A
) of this paragraph, and separately report expenditures of these amounts
to the select school
facilities committee and to the joint appropriations
interim
committee, together with processes and mechanisms directed at reducing future project cost overages.

(
i
v
)

For demolition projects:

(A)

Up to
two million
six
hundred
eighty-three
thousand
fifty-four
dollars ($
2,
683,054
.00)
,
subject to
the
prescribed maximum amounts
:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Natrona
#
1
Elementary School
$ 5
8,133
N/A
Natrona #1
Junior High School
$
2,560,208
N/A
Platte
#1
Bus Barn
$
64,713
Total
$2,
683,054

(B)

For the period commencing July 1, 2015, and ending June 30, 2016, and in addition to the amounts appropriated under subparagraph (A) of this paragraph, five hundred thousand dollars ($500,000.00) for demolition projects approved by the school facilities commission.
The amounts appropriated under this subparagraph shall only be available for expenditure as specifically authorized by the legislature. Proposed expenditures of amounts appropriated under this subparagraph as reported to the legislature by the school facilities commission shall include remedies for the
demolition
needs for

Campbell County School District No. 1
and
Natrona County School District No. 1
.

(
v
)

For land acquisitions:

(A)

Up to
six

million
seven
hundred

fifty-four
thousand
six hundred
d
ollars ($
6,754,6
00
.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 cochairmen of the joint appropriations
interim
committee
and
the joint education interim committee
,
and the
chairman and vice-chairman of the
select
committee on
school facilities. Expenditures under this paragraph shall address the land acquisition needs for
future school buildings in
Campbell County School District No. 1,
Crook County School District No. 1,
Fremont County School District No. 25, Laramie County School District No. 1 (two

(2) schools),

Natrona County School District No. 1, Park County School District No. 1,
Sweetwater
County School District No.
1
and land leasing expenses for a school building in Laramie County School District No. 1
;

(B)

For the period commencing July 1, 2015, and ending June 30, 2016, and in addition to the amounts appropriated under subparagraph (A) of this paragraph, seven hundred fifty thousand dollars ($750,000.00) for land acquisitions approved by the school facilities commission.
The amounts appropriated under this subparagraph shall only be available for expenditure as specifically authorized by the legislature. In reporting proposed expenditures of amounts appropriated under this subparagraph to the legislature, the school facilities commission shall include acquisitions addressing the facility needs for

Albany County School
District
No. 1, Campbell County School District No. 1, Laramie County School District No. 1,
Park County School District No. 1,
Washakie County School District No.
1
and Washakie County School District No.
2
. A separate report of proposed expenditures under this subparagraph shall be submitted by the commission to the cochairmen of the joint education interim committee
;

(C)

In addition to subparagraph (A) of this section, up to two million dollars ($2,000,000.00) for land acquisitions if opportunities become available to school districts
and
the land acquisition
is used to meet school
facility design guidelines established by the school facility commission and the acquisition is

approved by the commission. Prior to expenditure of this appropriation, the school facilities department shall report proposed land acquisitions to the cochairmen of the joint appropriations
interim
committee
and the joint education interim committee,
and the
chairman and vice-chairman of the
select
committee on
school facilities
.

(v
i
)

For ancillary building projects:

(A)

Up to
one
million
ninety-two
thousand
seven hundred seven

dollars ($
1,092,707
.00)
,
subject to
the prescribed maximum amounts:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Carbon
#
2
Bus Barn
$
568,749
N/A
Carbon #
2
Bus Barn
$
523,958
Total
$
1,092,707

(B)

For the period commencing July 1, 2015, and ending June 30, 2016, and in addition to the amounts appropriated under subparagraph (A) of this paragraph,
one million
dollars ($
1,0
00,000.00) for ancillary building projects approved by the school faciliti
es commission. The amount appropriated under this subparagraph shall only be available for expenditure as specifically authorized by the legislature. Within its report to the legislature on proposed expenditures of amounts appropriated
under this subparagraph
, the school facilities commission shall include remedies addressing the
ancillary building needs for
Campbell County School District No. 1,

Crook County
School District No.

1,
Goshen County School District No. 1, Park County School District No.

6
,

Teton County School District No. 1
and Uinta County School District No. 6
.

(v
i
i)

For track construction projects:

(A)

Up to one million dollars ($1,
000,000
.00)
,
subject to the prescribed maximum amounts:

Condition
Needs
Index
School
Maximum
Priority
District
Project
Amount

N/A
Converse
#
2
Artificial
Turf at
Maximum State
Contribution
$
500,000
N/A
Goshen
#1
Artificial
Turf at
Maximum State
Contribution
$ 500,000
Total
$1,
000,000

(vi
i
i)

For component level projects:

(A)

Up to
six
million
two
hundred
ten
thousand three hundred
forty-six
dollars ($
6,210,346
.00)
,

subject to the following maximum amounts:

Component
Projects
School
Maximum
Category
District
Project
Amount

c
.
Fremont #25
High School HVAC
$
2,277,298
s.
Converse
#
2
Parking Lot/Demo
$
296,752
s.
Weston
#
7
Parking Lot
$
1,165,367
c
.
Sweetwater
#2
Fuel Tanks
$
470,
000
c
.
Fremont
#
25
Bus Barn
$
1,
87
3
,
35
4
c
.
Campbell #1
Elementary School
HVAC
$
127,575
Total
$
6,210,346

(
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;

(I
I
)

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

(
C
)

T
he school facilities commission, through the department, shall refine the process used in
identifying,
reviewing and prioritizing school district building component level needs, giving full consideration to the proper use of major maintenance in addressing building
adequacy
in the most efficient and cost effective manner. The commission and department shall report progress
and recommendations
on process refinement to the select
committee on
school facilities
on or before September 1, 2014
.

(ix)

For the period commencing July 1, 2015, and ending June 30, 2016, u
p to
nine
million
dollars ($
9,000,000
.00)

for
s
ecurity projects
approved by the school facilities commission.
The amount appropriated under this paragraph shall only be available for expenditure as specifically authorized by the legislature
;

(
x
)

Upon recommendation of the school facilities commission and approval of the governor,
f
or t
he u
nanticipated costs associated with
design, construction,
demolition, ancillary building, security and component level project
s

funded under this subsection,

eighteen
million
four
hundred
fourteen
thousand
ninety-six
dollars (
$18
,
414
,
096
.00)
;

(xi)

Up to six million four hundred eighty-one thousand two hundred seventy-seven dollars ($6,481,277.00) to reimburse the amounts appropriated for the unanticipated costs associated with the design, construction and component level projects funded under 2013 Wyoming Session Laws, Chapter 129, Section 1(b)
(viii)
appropriation. The school facilities commission, through the department, shall separately account for the amount
s
appropriated under this paragraph as used to fund the planning and design costs addressing the remedies of school buildings identified and funded under 2013 Wyoming Session Laws, Chapter 129, Section 1
(b)
(ix).

Section 2.

(a)

The school facilities commission, through the school facilities department, shall:

(i)

Notwithstanding W.S. 21
‑
3
‑
110(a)(x), from amounts within the school capital construction account
for purposes of the major maintenance program
, distribute up to three hundred thousand dollars ($300,000.00) each fiscal year of the 2015-2016 fiscal biennium to each school district with a charter school in the district, approved and operating in the 2013
‑
2014 school year in accordance with W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314, which requires a lease for operation of the charter school's educational program
in the applicable school year
. Lease payments under this section shall include the total costs of the base rent, additional rent for tenant improvements and any common maintenance costs, if applicable. The amounts
to be
distributed
under this paragraph shall be reduced to the extent the amounts are duplicative of any costs funded or paid for by alternative mechanisms. The funds appropriated under this paragraph shall be distributed to qualifying school districts based upon the proration of the total qualifying costs of all qualifying school districts;

(ii)

In addition to paragraph (a)(i) of this section and notwithstanding W.S. 21
‑
3
‑
110(a)(x), the commission shall for each fiscal year of the 2015-2016 fiscal biennium, expend an amount necessary to include the total allowable square footage of each charter school qualifying under paragraph (a)(i) of this section, in the computation of the major maintenance payment under W.S. 21
‑
15
‑
109 to each district in which a qualifying charter school is operating, as provided by paragraph (a)(i) of this section. The amounts expended under this paragraph shall be reduced to the extent the amounts are duplicative of any maintenance costs included in the lease payments under paragraph (a)(i) of this section or any costs funded or paid for by alternative mechanisms.

Section
3
.

(a)

Except as provided by subsection (b) of this section, t
his act is effective July 1, 2014.

(b)

Notwithstanding subsection (a) of this section, section 1
(e)(i)
(A)
, (i
i
i)
(A) and
(xi)
of 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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1