Capitol building rehabilitation.

2016
STATE OF WYOMING
16LSO-0372
Introduced
1.4

HOUSE BILL

NO.

HB0120

Capitol building rehabilitation.

Sponsored by:
Representative(s) Jaggi, Blackburn, Gay, Halverson, Jennings, Laursen, Lindholm, Loucks, Miller, Piiparinen, Reeder and Steinmetz

A BILL

for

AN ACT relating to the capitol building rehabilitation project; amending provisions related to project oversight and components; eliminating project components as specified; providing duties and authority to the state building commission; eliminating the capitol building rehabilitation and restoration oversight group and related provisions; providing definitions; modifying a definition; imposing limitations on expenditures; transferring funds as specified; repealing an appropriation; requiring the development of a project budget; requiring a report; repealing provisions related to interfund borrowing, repayment of borrowed funds and other superseded provisions; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
5
‑
109
(j), (k) and
(o), 9
‑
5
‑
110(a)
(
i
),
(iv)
and
by creating
new paragraphs (v) and (vi),
9
‑
5
‑
112(a)(intro), (
i
),

(v), by creat
ing a new paragraph (vii), (b)
,
(e) and (f)
and 9
‑
5
‑
113(a)(iii)
are amended to read:

9
‑
5
‑
109
.

Advisory task force on capitol building rehabilitation; composition; duties; account created.

(j)

There is created the capitol building rehabilitation
and restoration
account. Funds in the account shall only be expended upon appropriation by the legislature to implement projects approved by the legislature. Notwithstanding any other provision of law, funds within the account shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(
e), 9
‑
4
‑
207(a) or any other provision of law, funds within the account shall not lapse or revert until directed by the legislature. Earnings on monies within the account shall be deposited to the account.

(k)

There is created the advisory task force on capitol building rehabilitation
.

and
restoration
.

(o)

The task force shall provide advice and recommendations as provided by law to the
capitol building rehabilitation and restoration oversight group and the governor
state building commission

regarding the final design and execution of the capitol building
and
Herschler
state office building
project
, as defined by W.S. 9
‑
5
‑
110(
a)(iv)
.

9
‑
5
‑
110
.

State
capitol building rehabilitation
project; definitions.

(a)

As used in W.S. 9
‑
5
‑
109 through 9
‑
5
‑
113:

(
i
)

"Advisory task force" means the joint legislative and executive advisory task force on capitol building rehabilitation
and restoration
created by W.S. 9
‑
5
‑
109(
k);

(iv)

"Project" means the state capitol building
and
Herschler
state office
rehabilitation
,

restoration and

renovation

project described in W.S. 9
‑
5
‑
112, including all components of the project
;
.

(v)

"Building systems" means heating and air conditioning systems, electrical systems
,
plumbing systems and other similar
architectural,

mechanical,

electrical

and

control

systems

along

with

their

respective

subsystems,

equipment

and

components of the capitol building
;

(vi)

"Life safety systems" means fire suppression systems, fire escapes, smoke evacuation systems, security systems and other similar systems necessary to protect the health, safety and welfare of occupants and visitors of the capitol building.

9
‑
5
‑
112
.

Capitol building rehabilitation
project; components; oversight.

(a)

The department shall proceed with level III design and construction for
renovation,
rehabilitation
,

restoration and addition to

of
the state capitol building
, the
Herschler
state office building and the connection between the two (2) buildings

in accordance with
presentations to the management council of the legislature on November 18, 2013 and January 9, 2014, and the provisions of W.S. 9
‑
5
‑
109 through 9
‑
5
‑
113
the provisions of W.S. 9
‑
5
‑
110 through 9
‑
5
‑
113 and all other applicable laws
. The project shall proceed as a single funded project with the following components:

(
i
)

Capitol building restoration
and rehabilitation
necessary to continue the use of the capitol building as the seat of the Wyoming government, which shall only include repairs and modifications necessary to:

(A)

Update life safety systems in the capitol building;

(B)

Repair defective or deteriorating structural features, both on the interior and exterior of the capitol building, including the foundation, as necessary to protect the state's asset in the state capitol building;

(C)

Repair and update building systems as necessary to protect the state's asset in the capitol building;

(D)

Provide necessary technological and communication system upgrades; and

(E)

Comply with any applicable building codes and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as amended.

(v)

Furniture, fixtures and equipment
necessary
for the project
and which need to be replaced as a result of repairs and modifications made under paragraph (
i
) of this subsection
;

(vii)

Repair or replacement of the central utility plant as necessary.

(b)

The level III design shall allocate space within the capitol building to meet legislative needs, needs of the governor's office
, provide an office for each statewide elected official, a deputy and a secretary housed in the
capitol building as of July 1, 2015
and security needs in the capitol building as determined by the
oversight group and the governor

state building commission
. In determining space allocations under this subsection the
oversight group and the governor
state building commission

shall be guided by level II studies for the capitol building
restoration and
rehabilitation conducted in 2013. To the extent the
oversight group and the governor determine
state building commission
determines

that all such needs cannot be accommodated within the capitol building, legislative committee rooms and offices for committee chairmen and associated legislative session staff may be within
the structure connecting
buildings in close proximity to
the capitol building
.

and

Herschler
state office building. If the governor and the oversight group determine that space will exist in the capitol building in excess of the needs of the legislature, the governor's office and capitol building security needs, then the department, in consultation with the advisory task force, shall provide one (1) or more design alternatives to the oversight group and governor for review and approval, allocating available remaining space to the statewide elected officials with offices within the capitol building as of April 1, 2014.

(e)

No funds shall be expended for the purposes of construction until
:

(
i
)

A budget for the project has been submitted and approved by the
state building commission
; and

(ii)

F
inal design plans for the project have been submitted to the advisory task force for review and comment and to the
governor and the oversight group
state building commission

for review and a majority of the
legislative members of the oversight group
members of the state building commission

has
recommended approval and the governor has
approved the plans.

(f)

As provided in this subsection, t
he department may expend funds appropriated by the legislature for the project to implement the design,
renovation, restoration,
rehabilitation, construction and other project components which have been included in the final design plans approved under subsection (e) of this section.

No funds shall be expended for any purpose related to the
Herschler
state office building or any other purpose not related to the
project.
Any change order to the approved final design plans in excess of one hundred thousand dollars ($100,000.00) or in a cumulative amount in excess of one million dollars ($1,000,000.00) shall require the approval of a majority of the
legislative members of the oversight group and the governor

members of the state building commission
. The department, in consultation with the professional program manager, architect of record and construction manager at risk, shall develop a budget to implement the project as provided in W.S. 9
‑
5
‑
110 through 9
‑
5
‑
113. The department shall present the budget to the
state building commission
not later than July 1, 2016.

Any contract related to the state capitol building rehabilitation project

executed after
April 1, 2016
shall conform to the contracting requirements
provid
ed by

title 16
, chapter 6
of Wyoming statutes,
article 3, section 31 of the Wyoming
Constitution
,
W.S. 9
‑
2
‑
1027 through 9
‑
2
‑
1033 and rules adopted pursuant to W.S. 9
‑
2
‑
1016.

Additionally,
a contract shall be awarded only if at least three (3) responsible bids have been considered by the department. The department may award a contract after having considered less than (3) responsible bids only upon reasonable effort to solicit additional bids
.

9
‑
5
‑
113
.

Capitol building rehabilitation project; design and construction execution.

(a)

Notwithstanding W.S. 9
‑
5
‑
101 through 9
‑
5
‑
108, for all components of the project:

(iii)

In addition to those items required by law to be presented to the advisory task force for advice, as recommended by the
oversight group
state building commission
and directed by the governor, the department shall consult with the advisory task force on other project items as the project progresses.

Section 2
.

W.S. 9
‑
5
‑
1
1
0(a)(iii), 9
‑
5
‑
111, 9
‑
5
‑
112(a)(ii), (iv),
(c) and (d),

2014 Wyoming Session Laws, Chapter 40, Section 4
(c),
(d)
and (e)
are repealed.

Section
3
.

Nothing in this act shall be construed to modify obligations of the state of Wyoming under contracts with private parties executed prior to the effective date of this act except to the extent necessitated by the
reduction in the scope of the
state capitol building rehabilitation project
.

Section
4
.

Funds within the capitol building rehabilitation account shall remain in effect until the project as defined in W.S. 9
‑
5
‑
112 is com
­
pleted. Funds in this account shall be expended only for the pur
­
poses specified, and any unused funds remaining at project completion shall be transferred to the school capital construction account. The amounts appropriated to this account shall not be construed to be an entitlement or guaranteed amount.

Section 5
.

Any unencumbered, unexpended, unobligated funds which are deposited in the capitol building rehabilitation account created as a result of legislation enacted during the 2016 session shall be transferred to the school capital construction account.

Section
6
.

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

(END)

1
HB0120