State capital construction-oversight.

20LSO-0361
2020
STATE OF WYOMING
20LSO-0361
ENGROSSED
3.0

SENATE FILE NO. SF0078

State capital construction-oversight.

Sponsored by: Management Council

A BILL

for

AN ACT relating to administration of government; expanding the role of the select committee on school facilities to include community college and state capital construction projects; conforming existing state capital construction provisions to reflect the role of the select committee; renaming the select committee; providing for the appointment of co-chairmen; authorizing additional temporary members of the select committee; providing for expanded duties of the select committee; repealing requirements for quarterly meetings and selection of chairman and vice chairman; amending duties of the state building commission, state construction department and other state agencies with control over state facilities; providing for a study and reports; providing an appropriation; and providing for an effective date.

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

Section 1.

W.S. 9
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2
‑
1013(d)(i), 9
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2
‑
3004(c)(viii), 9
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5
‑
107(a) through (c) and (e), 9
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5
‑
108(a)(intro), (i)(J), (ii)(J),

(b)(v), by creating a new paragraph (vii) and (c), 21
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15
‑
109(e), 21
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15
‑
114(a)(xv), 21
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15
‑
115(c), 21
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15
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117(c), 21
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15
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119(a)(intro), 21
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15
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121(a)(intro), 21
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18
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225(a)(intro) and (g) and 28
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11
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301(a),

(b)(i), (iii),

(iv), (v), by creating a new paragraph (vi), by amending and renumbering (vi) as (vii), (c)(i) through (iii) and (d) are amended to read:

9
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2
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1013.

State budget; distribution of copies to legislators; copies and reports of authorizations; interfund loans.

(d)

In addition to the items contained in subsection (a) of this section and notwithstanding any other recommendations made by the governor, the state budget shall also include the governor's recommendations for appropriations for the ensuing two (2) years, or if a supplemental budget request, the remainder of the budget period, subject to the following:

(i)

The state budget shall include the governor's recommendations for a total appropriation from the school foundation program account and based upon recommendations of the select
committee on
school facilities
committee
and state capital construction
under W.S. 28
‑
11
‑
301, a total appropriation for school capital construction purposes for both fiscal years;

9
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2
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3004.

Duties of the department.

(c)

The department shall:

(viii)

Review the final design, drawings and plans of any capital construction project prior to commencing with bidding to ensure that energy efficient best practice techniques and processes are included in the design of any capital construction project funded with federal funds and for which the state is required to expend state funds to fully or partially pay for operations, routine maintenance or major maintenance expenses for the facility. Upon conclusion of each review, the department shall submit a report of findings to the joint
appropriations committee and the
joint transportation, highways and military affairs interim
select
committee
on school facilities and state capital construction
.

9
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5
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107.

Duties and responsibilities with respect to state buildings; state capital construction needs assessment and priorities.

(a)

The state construction department shall, subject to the direction of the state building commission and with the assistance of other state agencies as necessary, conduct and maintain a comprehensive needs assessment of existing state buildings and of future space requirements for state agencies. The assessment shall be conducted in accordance with rules of the state building commission adopted pursuant to subsection (d) of this section and be designed to provide uniform statewide data describing the condition of state buildings and projecting building longevity and space requirements. Through the identification of building conditions and needs, the assessment shall enable the evaluation of capital construction and renovation requirements for all state buildings. The needs assessment shall be revised annually
on or before
October
August
1 of each year. The needs assessment shall specify construction and renovation requirements for the remainder of the current fiscal year and the succeeding four (4) fiscal years.

(b)

On or before
November
September
1 of each year and based upon the statewide needs assessment of state buildings performed under subsection (a) of this section, the state building commission shall establish and prioritize construction and renovation needs for state buildings. The listing shall specifically identify and prioritize those buildings in need of building construction or renovation and the estimated costs of required construction or renovation during the current fiscal year and during the succeeding four (4) fiscal years.
The listing shall be provided to the select committee on school facilities and state capital construction on or before September 1 of each year. The select committee shall submit any recommended modifications to the commission on or before October 1 of each year.

(c)

On or before December 1 of each year, the commission shall provide copies of the needs assessment and
statewide construction and renovation priorities established under this section
, together with any recommendations of the select committee on school facilities and state capital construction and the commission's response to the recommendations,
to members of the legislature.

(e)

Rules and procedures adopted under this section by the state building commission shall be applicable to all state owned buildings unless the operation, management and use of the building has been assigned by statute to a specific state agency.
On or before September 1 of each year t
he agency responsible for the operation and management of a state building exempted by the provisions of this subsection, shall provide the assessment required by subsections (a) through (c) of this section to the
select committee on school facilities and state capital construction and to the
state building commission for inclusion in the commission's report to the legislature. The rules adopted by the commission under subsection (d) of this section shall be used as guidelines for the management of state buildings assigned by statute to other state agencies including the University of Wyoming, community
college districts, department of transportation, game and fish commission and state institutions.

9
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5
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108.

Development of building projects; rehabilitation of building projects.

(a)

The commission shall, on the basis of a state needs assessment plan or as otherwise directed by the legislature and after consultation with and advice from
the select committee on school facilities and state capital construction,
state agencies and officials, other appropriate agencies and officials and members of the public, identify and select potential projects to be studied for inclusion in the Wyoming public buildings construction program pursuant to the following schedule:

(i)

Level I reconnaissance studies shall, to the extent possible:

(J)

Following consultation with the select committee on school facilities and state capital construction, c
ontain the commission's recommendation to the legislature whether to terminate further consideration
of the proposed project or to continue the project at its current level of study, or to proceed with further activity under paragraph (ii), (iii) or (iv) of this subsection.

(ii)

Level II feasibility studies shall to the extent possible:

(J)

Include draft legislation describing in detail the construction, operation and financing of the proposed project.
The draft legislation shall be developed in consultation with the select committee on school facilities and state capital construction.

(b)

State agencies shall cooperate fully with the commission in the preparation of the studies. In the execution of these activities, the commission shall:

(v)

Perform any other related activities or functions relevant and appropriate to the completion of the feasibility study;
and

(vii)

Provide notice to the select committee on school facilities and state capital construction:

(A)

Of any public hearing or meeting conducted under this subsection or subsection (a) of this section;

(B)

Prior to exercising the power of eminent domain or entering into any contract or agreement under the authority of paragraph (a)(iii) of this section.

(c)

The commission may suspend the expenditure of time or funds on a project at any level of activity, if it is established that it would be in the public interest. The commission shall report the reason for any suspension of activity to the
legislature
select committee on school facilities and state capital construction
.

21
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15
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109.

Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements.

(e)

Amounts distributed under subsection (b) of this section shall be deposited by the recipient district into a
separate account, the balance of which may accumulate from year
‑
to
‑
year. Except as specified under subsection (f) of this section, expenditures from the separate account, including any interest earnings on the account, shall be restricted to expenses incurred for major building and facility repair and replacement as defined in subsection (a) of this section and shall be in accordance with the district's facility plan under W.S. 21
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15
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116. Account expenditures may include the expenses of district personnel performing work described under paragraph (a)(iii) of this section if approved by the department and if documented within the district's facility plan. The district's facility plan shall clearly specify proposed major maintenance expenditures for addressing district major building and facility repair and replacement needs on a building
‑
by
‑
building basis, updated for the applicable reporting period, which shall be aligned to the statewide adequacy standards and prioritized based upon the impact of the building or facility on the district's ability to deliver the required educational program. The district shall include plans for maintaining any district building or facility which is under a lease agreement, specifying lease revenues available to the district for maintenance of
facilities to the level required by statewide adequacy standards. No expenditures shall be made from the separate account unless the repair or replacement of the building or facility systems for which the expenditure is to be made is clearly specified within the district's facility plan or otherwise approved by the department. In a manner and form required by commission rule and regulation, each district shall annually report to the department on the expenditures made from the separate account during the applicable reporting period, separating account expenditures on a building
‑
by
‑
building basis. The department shall annually review account expenditures and shall report expenditures to the commission and the select committee on school facilities
and state capital construction
established under W.S. 28
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11
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301. The department shall compile reported building
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by
‑
building expenditure information for each district and the district facility plan and include this information in its annual report to the select committee pursuant to W.S. 21
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15
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121. If any district expends funds within the separate account for purposes not authorized by this subsection or by rule and regulation of the commission, the payments for that district shall be reduced by the amount of the unauthorized expenditure in the school
year following the year in which the expenditure was discovered or the school year in which notification was provided by the department, whichever first occurs.

21
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15
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114.

School facilities commission powers and duties.

(a)

The school facilities commission shall:

(xv)

With prior consultation with the select committee on school facilities
and state capital construction
, promulgate necessary rules and regulations to administer and implement this act.

21
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15
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115.

Statewide standards for school building and facility adequacy; adequacy assessment.

(c)

The commission shall not less than once every four (4) years, review and evaluate the building and facility adequacy standards established under subsection (a) of this section. Review and evaluation of the standards shall include the identification of local enhancements to buildings and facilities during this review and evaluation
period, and based upon criteria and procedures developed by the commission, a determination as to whether and how any local enhancements should be incorporated into the statewide standards. The review and evaluation under this subsection shall extend to components of the annual evaluation of school buildings, the facility remediation schedule and the needs prioritization process established by the commission under W.S. 21
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15
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117. Findings and recommendations pursuant to this subsection shall be reported to the select committee on school facilities
and state capital construction
before the next convening date of the legislative session immediately following completion of the review and evaluation, and shall specifically address any need to expand the needs assessment, to conduct a reassessment of building and facility adequacy or to modify the needs prioritization process.

21
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15
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117.

Annual evaluation of school buildings and facilities; remediation schedule; needs prioritization; combining facilities; implementation of remedy.

(c)

In determining the most cost effective method in meeting capital construction needs in order to deliver
quality educational services, the commission in consultation with the select committee on school facilities
and state capital construction
, may recommend consolidating educational facilities within, between or among school districts. The legislature shall approve any consolidation of educational facilities between two (2) or more school districts.

21
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15
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119.

Commission budget and funding recommendations.

(a)

Notwithstanding W.S. 9
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2
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1012, the commission shall annually, not later than September 1, develop and submit a recommended budget for projects and school capital construction financing to the governor, through the budget division of the department of administration and information and to the select committee on school facilities
and state capital construction
. The department shall prepare and provide information as requested by the commission. The commission shall include with its recommended budget to the select committee the comprehensive assessment specified in W.S. 21
‑
15
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115(b), the prioritized list of projects specified in W.S.
21
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15
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117 including the amounts allocated to each project and the annual building status report specified under W.S. 21
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15
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121. The recommended budget submitted by the commission shall include:

21
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15
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121.

Annual school building status report to select committee on state capital construction.

(a)

Not later than September 1 of each year, the commission shall submit a report to the select committee on school facilities
and state capital construction
on progress being made under the school capital facilities system established under this act. The report shall be incorporated into the proposed budget submitted to the select committee under W.S. 21
‑
15
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119 and shall include:

21
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18
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225.

College maintenance and capital construction funding.

(a)

As part of its administrative functions, the community college commission shall identify community college building needs and develop a prioritized list of community college capital construction projects. The
prioritized community college capital construction projects shall be reported by the commission to the state construction department in accordance with subsection (g) of this section. Following review, analysis and study, the state construction department shall forward recommendations for community college capital construction projects to the state building commission
and to the select committee on school facilities and state capital construction
. The state construction department shall also submit major maintenance budget requests for college buildings to the legislature in accordance with this section. Major maintenance budget requests shall be based upon the square footage submitted by the commission under subsection (f) of this section and upon a formula adopted by the state building commission, and upon forms and in a format specified by the budget division of the department of administration and information. College building maintenance budget requests submitted by the state construction department to the legislature and capital construction budget requests forwarded by the state building commission to the legislature shall include only necessary building square footage:

(g)

Upon prioritizing community college construction needs under subsection (d) of this section, the commission shall not later than June 1 of each year, report the prioritized list to the state construction department. In accordance with W.S. 9
‑
5
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108(a)(ii), the state construction department shall review, analyze and study construction needs prioritized under subsection (d) of this section and conduct necessary value engineering analysis, schematic design review, safety and security assessments and other analysis and review prior to submission of recommendations to the state building commission.
The department's recommendations shall be submitted to the select committee on school facilities and state capital construction at the same time the recommendations are submitted to the state building commission. In consultation with the select committee, t
he state building commission shall consider and incorporate prioritized construction needs recommendations into legislation requesting necessary funding, developed under W.S. 9
‑
5
‑
108(a)(ii)(J), for submission to the legislature for review, authorization and approval. The legislation shall also include a separate appropriation for contingency costs associated with recommended construction projects and a separate appropriation for administrative
costs of the state construction department for management of the recommended construction projects as required by subsection (j) of this section. The state construction department shall submit a separate budget request for project design and planning funds to be available to assist community colleges with costs incurred in developing and providing necessary plans, designs and other information to the state construction department for purposes of this subsection. This request shall also include funds for major maintenance for the square footage reported by the commission under subsection (f) of this section. The state construction department shall consult with the community college commission in developing recommendations under this subsection.

ARTICLE 3
SELECT COMMITTEE ON SCHOOL FACILITIES AND STATE CAPITAL CONSTRUCTION

28
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11
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301.

Appointment of members; powers and duties; related duties of school facilities commission.

(a)

Not later than March 31 following each general session, the president of the senate shall appoint five (5)
voting
members of the senate and the speaker of the house shall appoint five (5)
voting
members of the house to a select committee on school facilities
and state capital construction
. Appointments
of voting members
to the committee by each presiding officer shall reflect as nearly as possible the percentage of the elected membership of the majority and minority parties of each house, provided that not more than four (4)
voting
members appointed by each presiding officer shall be from the same political party.
The president and speaker shall appoint one (1) member from each of their respective houses to serve as co
‑
chairmen. The president and speaker may each authorize additional members of their respective houses to attend committee meetings or meetings of a subcommittee to serve as temporary, nonvoting members of the select committee in order to facilitate the committee's functions generally or to attend meetings and to serve as nonvoting members for the select committee's or a subcommittee's consideration of any project proposed to be situated within the geographic boundaries of the members' district or that may be of particular interest to the members.

(b)

The select committee shall:

(i)

Select from among its members
a chairman and vice
‑
chairman
liaisons to the state building commission. The co
‑
chairmen of the committee may establish subcommittees of the select committee to monitor specific state facility projects
;

(iii)

Monitor
:

(A)

T
he assessment of statewide school facility needs, prioritization of these needs and remediation of identified needs, as undertaken by the school facilities commission and the state construction department pursuant to title 21 of Wyoming statutes;

(B)

The needs assessments for state facilities, prioritization of these needs and remediation of identified needs through development of projects as undertaken by the state building commission and state construction department pursuant to W.S. 9
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5
‑
107 and 9
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5
‑
108;

(C)

The construction plans and activities of any other state agency for state facilities managed independently of the state building commission;

(D)

The development, prioritization and recommendations for funding community college facility needs by the state construction department and the state building commission pursuant to W.S. 21
‑
18
‑
225.

(iv)

Develop knowledge and expertise among its members regarding issues pertaining to
the state building commission,
school facilities and commission and state construction department programs and procedures to maintain statewide facility adequacy
for schools and to address state facility and community college facility needs
;

(v)

Not later than November 1 of each year, prepare and submit budget recommendations based upon information reported by the
school facilities
commission and the state construction department under W.S. 21
‑
15
‑
119 and 21
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15
‑
121, addressing statewide building and facility needs to the joint appropriations committee and the
governor.

Based upon reports submitted under W.S. 21
‑
15
‑
119 and 21
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15
‑
121, the select committee may report recommendations to the legislature including any necessary implementing legislation;

(vi)

Consult with the state building commission regarding budget recommendations and proposed legislation for state facility needs as provided in W.S. 9
‑
5
‑
108 and for community college facility needs as provided in W.S. 21
‑
18
‑
225;

(vi)
(vii)

Review
school facilities
commission
and state building commission
proposals for rules and regulations and provide recommendations to the
pertinent
commission concerning the proposed regulations.

(c)

The state construction department shall:

(i)

Provide the select committee with notice of all school facilities commission
and state building commission
meetings;

(ii)

Provide the
select
committee with school facilities commission and department reports and studies pertaining to school building and facility
maintenance and
remediation projects
, state facility projects and community college facility projects
;

(iii)

Provide information to the select committee upon request to assist the select committee in monitoring progress under paragraph (b)(iii) of this section and in reviewing budget recommendations under
paragraph
paragraphs
(b)(v)
and (vi)
of this section;

(d)

The select committee may review the budgets
:

(i)

P
repared by the school facilities commission for each separate project contained within the total budget request submitted under W.S. 21
‑
15
‑
119 and may request additional documentation associated with the development of the project for inclusion within the budget request
;
.

(ii)

Prepared by the state building commission and the state construction department for state facility
projects under W.S. 9
‑
5
‑
107 and 9
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5
‑
108 and for community college facility projects under W.S. 21
‑
18
‑
225;

(iii)

Prepared by any state agency for facility projects undertaken by the agency independent of the state building commission as provided in W.S. 9
‑
5
‑
107(e).

Section 2.

W.S. 28
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11
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301(b)(ii) is repealed.

Section 3.

The construction management division of the state construction department shall conduct a study on potential routine maintenance programs for facilities of the community colleges and of agencies, boards, commissions and other instrumentalities of the state, including the University of Wyoming. The department shall examine how to develop routine maintenance programs designed to increase efficiency in buildings operations. This shall include an examination of potential maintenance standards, maintenance reporting software, staffing and training requirements and condition assessments. The department shall report the conclusions of its study to the select committee on school facilities and state capital construction by September 1, 2021.

Section 4.

There is appropriated thirty thousand dollars ($30,000.00) from the general fund to the legislative service office for purposes of providing salary, mileage and per diem to voting and nonvoting members of the select committee on school facilities and state capital construction. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022.

Section 5.

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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SF0078