Public property-amendments.

24LSO-0282
2024
STATE OF WYOMING
24LSO-0282
ENGROSSED
3.0

HOUSE BILL NO. HB0075

Public property-amendments.

Sponsored by: Joint Appropriations Committee

A BILL

for

AN ACT relating to public property and buildings; amending and creating provisions related to budgeting, expenditure of funds and reporting for capital construction projects, major maintenance and routine maintenance; conforming and repealing definitions; amending requirements for contracting for public works; specifying duties related to capital construction projects, major maintenance and routine maintenance for the state construction department, the state building commission, school districts, the board of trustees of the University of Wyoming and the community college commission; repealing major maintenance funding requirements; requiring reports; requiring rulemaking; specifying applicability; and providing for effective dates.

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

Section 1.

W.S. 21
‑
17
‑
208 is created to read:

21
‑
17
‑
208.

University maintenance and capital construction.

(a)

As used in this section:

(i)

"Capital construction project" means as defined by W.S. 9
‑
2
‑
3001(b)(ii);

(ii)

"Major maintenance" means as defined by W.S. 9
‑
2
‑
3001(b)(ix);

(iii)

"Property" means as defined by W.S. 9
‑
2
‑
3001(b)(x);

(iv)

"Routine maintenance" means as defined by W.S. 9
‑
2
‑
3001(b)(xii).

(b)

As part of its administrative functions, the board of trustees shall identify university property needs and develop a prioritized list of capital construction projects. The prioritized capital construction projects shall be reported by the board to the state construction department not later than June 1 of each year. Following review, analysis and study, the state construction department shall forward the prioritized list of university capital construction projects to the state building commission. The state construction department shall submit to the state building commission a recommendation for funding university major maintenance each biennium in preparation for the development of the state budget. This recommendation shall be based on a formula adopted by the state building commission pursuant to W.S. 9
‑
5
‑
107(g) and upon forms and in a format specified by the state budget department. At the end of each fiscal year, the board of trustees shall submit a report to the state construction department on major maintenance expenditures and commitments incurred in the immediately preceding fiscal year as required by W.S. 9
‑
5
‑
107(j) for purposes of W.S. 9
‑
2
‑
3004(c)(xi).

(c)

With respect to University of Wyoming property

the board of trustees shall:

(i)

Develop and implement schedules for routine maintenance that are designed to eliminate maintenance backlogs, establish proactive maintenance practices and

ensure that buildings and facilities and components, equipment or systems of buildings and facilities reach their full life expectancy;

(ii)

Plan for the funding of components, equipment and systems of buildings and facilities that have a life expectancy that is less than the life expectancy of the building or facility;

(iii)

Maintain records of routine maintenance for buildings and facilities and any components, equipment and systems of buildings and facilities.

(d)

Notwithstanding any other provision of law, the proportional cost of major maintenance of any component, equipment or system of a University of Wyoming building or facility that is attributable to neglected routine maintenance, as determined by the state construction department under W.S. 9
‑
2
‑
3004(c)(xii), shall be entirely borne by the university.

Section 2.

W.S. 9
‑
2
‑
3001(b)(ii) and by creating new paragraphs (viii) through (xii), 9
‑
2
‑
3004(c)(i), (vi) and by creating new paragraphs (x) through (xiii), 9
‑
2
‑
3202(a) by creating a new paragraph (xi), 9
‑
4
‑
207(d)(intro) and by creating a new paragraph (iv), 9
‑
5
‑
107(d)(iii), by creating new paragraphs (v) and (vi), (g)(intro), (i) and by creating new subsections (j) through (o), 16
‑
6
‑
101(a)(v), 16
‑
6
‑
102(a) and by creating a new subsection (g), 16
‑
6
‑
401(a)(ix), 16
‑
6
‑
1001(f)(i), 21
‑
15
‑
108(b), 21
‑
15
‑
109(a)(iii)(intro), (iv), (vi), (viii), (e), (f) and by creating a new subsection (g), 21
‑
15
‑
111(a)(iii) through (v) and by creating new paragraphs (x) and (xi), 21
‑
15
‑
116(a)(intro) and by creating a new paragraph (viii), 21
‑
15
‑
119(a)(i), 21
‑
15
‑
123(f)(v)(intro), (E) and (vi), 21
‑
18
‑
102(a) by creating new paragraphs (xxiii) through (xxvi) and by renumbering (xxiii) as (xxvii), 21
‑
18
‑
202(d)(v)(intro), (A) and (C), 21
‑
18
‑
225(a)(intro), (b) by creating new paragraphs (v) through (vii), (j) and by creating new subsections (n) and (o) and 21
‑
18
‑
319(e)(ii) are amended to read:

9
‑
2
‑
3001.

State construction department created; definitions.

(b)

As used in this article:

(ii)

"Capital construction project" means new construction, demolition, renovation
,

and
capital renewal
and major maintenance
of or to
any public building or facility
property
and any other
public
improvement
, alteration or enlargement
necessary for the
public building or facility, major maintenance as defined in W.S. 16
‑
6
‑
101(a)(v) and major building and facility repair and replacement as defined in W.S. 21
‑
15
‑
109(a)(iii)
property
;

(viii)

"Capital renewal" means capital construction infrastructure upgrades and replacement projects to systems external to a building or facility that are necessary for the continued functionality of a property. "Capital renewal" includes projects that do not qualify as new construction and for which the costs exceed amounts typically appropriated or expended on major maintenance for a property such as water projects, sewer projects, electrical projects and other major external infrastructure projects that impact the life, health and safety of occupants in a building or facility;

(ix)

"Major building and facility repair and replacement" or "major maintenance" means the repair or replacement of complete or major portions of property systems at irregular intervals, which is required to continue the use of the property at its designed capacity for its designed intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work. The term includes, but is not limited to, the following categories as hereafter defined:

(A)

"Code compliance" means system improvements or site improvements that are mandated by law, regulation or code for the continued use of property;

(B)

"Site improvements" means the repair, replacement or upgrade of property components or equipment that are not system improvements, including the repair, replacement or upgrade of any of the following:

(I)

Sidewalks;

(II)

Parking lots;

(III)

Athletic tracks;

(IV)

Playground features;

(V)

Outdoor security features;

(VI)

Landscaping;

(VII)

Drainage systems;

(VIII)

Components or equipment similar to those specified in subdivisions (I) through (VII) of this subparagraph.

(C)

"System improvements" means the repair, replacement or upgrade of property components or equipment, including any of the following:

(I)

Structural systems;

(II)

Fire protection systems;

(III)

Indoor security features;

(IV)

Electrical, lighting, plumbing, heating, ventilation or air conditioning systems;

(V)

Roofs;

(VI)

Windows and doors;

(VII)

Conveyance systems, including elevators and escalators;

(VIII)

Information technology systems;

(IX)

Components or equipment similar to those specified in subdivisions (I) through (VII) of this subparagraph.

(x)

"Property" means a building, facility or site and any component, equipment or system of a building or facility;

(xi)

"Renovation" means work done to restore property to a condition that is functional for its intended use, to modernize or adapt a property to an approved new use and capacity or for the purpose of making it code compliant, including architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" includes the repair, strengthening or restoration of major building systems or structures to a safe condition. "Renovation" does not include work that consists primarily of routine maintenance, minor repairs and replacement due to normal use, wear and tear or deterioration;

(xii)

"Routine maintenance" means activities necessary to keep property in safe and good working order so that the property may be used at its original or designed capacity for its original or designed intended use. "Routine maintenance" includes janitorial, groundskeeping and maintenance tasks done on a routine basis by building personnel and specialized equipment and building system maintenance that is accomplished on a routine basis by contractors.

9
‑
2
‑
3004.

Duties of the department.

(c)

The department shall:

(i)

Review and make recommendations to the governor concerning capital construction
project and land acquisition
budget requests made by the state building commission, school facilities commission, the University of Wyoming, community college commission and any agency;

(vi)

Plan for all
capital
construction projects in accordance with the provisions of W.S. 9
‑
5
‑
107, 9
‑
5
‑
108 and rules, procedures and criteria adopted pursuant to those sections;

(x)

Beginning September 1, 2025 and each odd numbered year thereafter, submit to the state building commission a recommendation for funding for the immediately succeeding fiscal biennium for major maintenance for state property, University of Wyoming property and community college property. This recommendation shall be based on the formula adopted by the state building commission pursuant to W.S. 9
‑
5
‑
107(g);

(xi)

At the end of each fiscal year, review major maintenance expenditure and commitment reports submitted to the department by state agencies, community colleges, the University of Wyoming and school districts. For school districts, the review shall be in accordance with W.S. 21
‑
15
‑
109(e). The department shall, in consultation with the respective state agencies, community colleges and the university of Wyoming, provide a report to the state building commission on all major maintenance expenditures and commitments incurred in the immediately preceding fiscal year. The report shall specify if any impediments were encountered in completing planned major maintenance on time and within the amounts budgeted, if any expenditures or commitments were necessitated earlier than anticipated or before the end of the life expectancy of the component, equipment or system and whether any expenditures or commitments resulted in whole or in part from failure to complete required routine maintenance;

(xii)

In reviewing major maintenance expenditures and commitments under paragraph (xi) of this subsection and W.S. 21
‑
15
‑
109(e), if the department determines routine maintenance was not performed for any component, equipment or system, the department shall identify the component, equipment or system as neglected. The department shall compare the service life of the component, equipment or system at the time of failure to the life expectancy of the component, equipment or system and calculate the proportional cost of the repair or replacement that is attributable to neglected routine maintenance. Subject to review by the state building commission under W.S. 9
‑
5
‑
107(k) and the school facilities commission under W.S. 21
‑
15
‑
116(e), the department shall report all neglected property and the proportional costs attributable to neglected routine maintenance to the respective governing body, which may include the state building commission, the community college commission, the respective community college district board of trustees, the University of Wyoming board of trustees, the school facilities commission and the select committee on school facilities. The department shall submit a compiled report on neglected property to the joint appropriations committee not later than September 1 of each year;

(xiii)

Review and approve any renovation that changes the intended use or capacity of a property that receives appropriations for major maintenance.

9
‑
2
‑
3202.

Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.

(a)

As used in this act:

(xi)

"Routine maintenance" means as defined by W.S. 9
‑
2
‑
3001(b)(xii).

9
‑
4
‑
207.

Disposition of unexpended appropriations.

(d)

Appropriations for the purposes specified in this subsection shall be excluded from reverting pursuant to subsections (a) through (c) of this section.

Appropriations which do not revert pursuant to this subsection shall be expended only on the projects for which the funds were appropriated
except as provided pursuant to paragraph (iv) of this subsection
.

Funds subject to this subsection are appropriations:

(iv)

For major maintenance as defined by W.S. 9
‑
2
‑
3001(b)(ix) for state property, University of Wyoming property and community college property. Appropriations subject to this paragraph that do not revert shall be expended only on expenses incurred for major maintenance as defined by W.S. 9
‑
2
‑
3001(b)(ix).

9
‑
5
‑
107.

Duties and responsibilities with respect to state buildings; state capital construction needs assessment and priorities; neglected routine maintenance; supplemental major maintenance funding.

(d)

The state building commission shall adopt rules implementing policies for the management of state buildings.

The rules shall establish:

(iii)

Requirements for
planned
development and implementation of routine
maintenance schedules designed to eliminate maintenance backlogs
,

and to
establish proactive maintenance practices
and ensure that state buildings and facilities and components, equipment and systems of state buildings and facilities reach their full life expectancy
;

(v)

Requirements for planning for the funding of components, equipment and systems of state buildings and facilities that have a life expectancy that is less than the life expectancy of the state building or facility;

(vi)

Requirements for maintaining records of routine maintenance for state buildings and facilities and any components, equipment and systems of state buildings and facilities.

(g)

The state building commission shall adopt a formula for major building and facility repair and replacement for
state property, University of Wyoming property and
community college
facilities
property
. The formula shall:

(i)

Be based on the gross square footage
of

buildings and facilities
for not more than seven (7) categories of buildings
for state property, University of Wyoming property and community college property
and shall:

(A)

For community college property, i
nclude only buildings providing education programs comprising the statewide college system strategic plan developed and maintained under W.S. 21
‑
18
‑
202(a)(v);

(B)

Specifically exclude student housing, student unions and auxiliary services areas funded exclusively through
university or
community college generated revenues
unless otherwise specified by law
.

(j)

At the end of each fiscal year, the state construction department, any agency responsible for the operation and management of a state building, the University of Wyoming and the community college commission shall report to the state building commission on the expenditures and commitments made from any funds appropriated for major building and facility repair and replacement for purposes of W.S. 9
‑
2
‑
3004(c)(xi).

(k)

Upon appeal by a state agency, community college or the University of Wyoming, the state building commission shall review determinations made by the state construction department under W.S. 9
‑
2
‑
3004(c)(xii) for neglected routine maintenance and may issue a final decision on a matter.

(m)

Notwithstanding any other provision of law, the proportional cost of major building and facility repair of any component, equipment or system of a state building or facility that is attributable to neglected routine maintenance, as determined by the state construction department under W.S. 9
‑
2
‑
3004(c)(xii), shall be borne entirely by the state agency that is responsible for the operation and management of the state building or facility. This subsection shall not apply to buildings and facilities for which maintenance is assigned to the general services division of the department of administration and information under W.S. 9
‑
2
‑
3204(b)(xx) and (xxi).

(n)

To the extent the amount of funds appropriated in any fiscal biennium pursuant to the formula adopted by the state building commission for major building and facility repair and replacement are insufficient to repair or replace a failed component, equipment or system of a building or facility, the state building commission, the community college commission, the University of Wyoming or any agency may separately identify and request in its capital construction budget request submitted to the governor the additional amount necessary to repair or replace the failed component, equipment or system. Any supplemental funding appropriated in response to a budget request submitted under this paragraph shall be conditioned on the requesting entity expending all funds appropriated in the fiscal biennium for major building and facility repair and replacement to repair or replace the failed component, equipment or a system, except as otherwise provided by law.

(o)

As used in this section:

(i)

"Major building and facility repair and replacement" or "major maintenance" means as defined by W.S. 9
‑
2
‑
3001(b)(ix);

(ii)

"Property" means as defined by W.S. 9
‑
2
‑
3001(b)(x);

(iii)

"Routine maintenance" means as defined by W.S. 9
‑
2
‑
3001(b)(xii).

16
‑
6
‑
101.

Definitions.

(a)

As used in this act:

(v)

"
Major maintenance" means
the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work
as defined by W.S. 9
‑
2
‑
3001(b)(ix)
;

16
‑
6
‑
102.

Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

(a)

If a contract is let by a public entity for a public work, the
contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state
following shall apply:

(i)

If advertisement for bids is required, the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder
;

(ii)

If advertisement for bids or request for proposals are not required, the contract shall be let to a resident of the state, provided that if the services required are not offered by any known resident of the state, the public entity may let the contract to a nonresident
.

(g)

Whenever an emergency arises requiring a contract for a public work, a public entity may waive any applicable requirement of this section if the requirement endangers the health, welfare or safety of the public.

16
‑
6
‑
401.

Definitions.

(a)

As used in W.S. 16
‑
6
‑
401 through 16
‑
6
‑
403:

(ix)

"Renovation" means
revision to a major facility which will affect more than fifty percent (50%) of the gross floor area in the building
as defined by W.S. 9
‑
2
‑
3001(b)(xi)
.

16
‑
6
‑
1001.

Capital construction projects restrictions; preference requirements; waivers.

(f)

As used in this section:

(i)

"Capital construction project" means
new construction, demolition, renovation and capital renewal of or to any public building or facility and any other public improvement necessary for the public building or facility, major maintenance
as defined
in
by
W.S.
16
‑
6
‑
101(a)(v) and major building and facility repair and replacement as defined in W.S. 21
‑
15
‑
109(a)(iii)
9
‑
2
‑
3001(b)(ii)
;

21
‑
15
‑
108.

Revenue bonds for grants and loans; refunding revenue bonds.

(b)

The school facilities commission may borrow money in a principal amount not to exceed one hundred million dollars ($100,000,000.00) by the issuance from time to time of one (1) or more series of revenue bonds. The commission may encumber revenues under subsection (a) of this section for bonds in total amounts not to exceed one hundred million dollars ($100,000,000.00) issued for
school capital construction
projects and assistance as determined by the commission and approved by the legislature under W.S. 21
‑
15
‑
119. Any bonds issued under this section, together with any interest accruing thereon and any prior redemption premiums due in connection therewith, are payable and collectible solely out of revenues authorized under this section. The bondholders may not look to any general or other fund for payment of the bonds except the revenues pledged therefore. The bonds shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation. The bonds shall not be considered or held to be general obligations of the state but shall constitute its special obligations and the commission shall not pledge the state's full faith and credit for payment of the bonds.

21
‑
15
‑
109.

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

(a)

As used in this act:

(iii)

"Major building and facility repair and replacement"
or "major maintenance"
means
the repair or replacement of complete or major portions of school building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work. The term includes the following categories as hereafter defined:
as defined by W.S. 9
‑
2
‑
3001(b)(ix) for school building and facility systems;

(iv)

"Office building" means a school building or facility primarily used in connection with or for the purpose of district administrative functions, the major purpose or use of which is not dedicated to the provision of educational programs offered by the district in accordance with law
;
.

"Office building" shall include maintenance facilities and storage buildings in which supplies are stored;

(vi)

"Routine maintenance
"

and repair"
means
activities necessary to keep a school building or facility in safe and good working order so that it may be used at its original or designed capacity for its originally intended purposes, including janitorial, grounds keeping and maintenance tasks done on a routine basis and typically accomplished by district personnel with exceptions for any routine tasks accomplished by contractors such as elevator or other specialized equipment or building system maintenance
as defined by W.S. 9
‑
2
‑
3001(b)(xii) for school buildings and facilities
;

(viii)

"Warehouse building" means a school building or facility primarily used for storage of
equipment,
materials and other district property and supplies, including facilities in which school buses
and school equipment is
stored, maintained or serviced.

(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
and subject to subsection (g) 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
‑
15
‑
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 department shall, in consultation with each respective school district, provide a report to
the commission
,

and
the select committee on school facilities established under W.S. 28
‑
11
‑
301
and the joint appropriations committee on major maintenance expenditures. The report shall specify if any impediments were encountered in completing planned major maintenance on time and within the amounts budgeted, if any expenditures were necessitated earlier than anticipated or before the end of the life expectancy of the component, equipment or system and whether any expenditure resulted in whole or in part from failure to complete required routine maintenance
. The department shall compile reported building
‑
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
‑
15
‑
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.

(f)

Notwithstanding subsection (e) of this section
and subject to subsection (g) of this section
, a district may expend up to ten percent (10%) of the amount distributed during any school year under subsection (b) of this section for major building and facility repair and replacement needs of the district which are not specified in the district's facility plan, including expenditures for maintenance of district enhancements.

Expenditures shall be made under this subsection only after the district's building and facility repair and replacement needs specified in its facility plan have been addressed in accordance with subsection (e) of this section and the department has approved the district's proposed expenditures under this subsection.

Amounts not expended for purposes of this subsection during any school year may be accumulated by a district and earmarked within the separate account established under subsection (e) of this section for expenditure under this subsection in subsequent school years, provided the unexpended amount during any school year to be accumulated does not exceed ten percent (10%) of the amount distributed to the district under subsection (b) of this section for that school year.

Each district shall include expenditures under this subsection and any amounts accumulated from year
‑
to
‑
year under this subsection within the annual report required under subsection (e) of this section.

Nothing in this subsection shall prohibit or limit the application of subparagraph (c)(i)(D) of this section in computing a district's building and facility gross square footage for purposes of determining payment amounts under this section.

If any school district exceeds expenditure limitations prescribed by this subsection or fails to comply with expenditure levels for facility adequacy needs identified within its facility plan, the payments for that district in the immediately succeeding year shall be reduced by the excess expenditure amount including any excess expenditure of amounts accumulated under this subsection.

(g)

Notwithstanding any other provision of law, no expenditure shall be made from the separate account established under subsection (e) of this section for the proportional cost of major maintenance of any component, equipment or system of a school building or facility that is attributable to neglected routine maintenance as determined by the state construction department under W.S. 9
‑
2
‑
3004(c)(xii). The payments for that district shall be reduced by the proportional cost attributable to neglected routine maintenance within the year following the year in which the expenditure was identified by the department.

21
‑
15
‑
111.

Definitions.

(a)

As used in this act, unless the context requires otherwise:

(iii)

"Local enhancements to school buildings and facilities" or "local enhancements" means any renovation,
capital renewal,
construction, replacement, repair or other improvement of or to any school building or facility initiated by a school district which is designed to bring the building or facility to a condition exceeding the statewide building adequacy standards
and the commission's facility design standards and guidelines
;

(iv)

"Project" means replacement, renovation
, capital renewal
or new construction projects which increase the value of the school building or facility by improving the functioning of the building or facility or the capacity of the building or facility, or both, excluding major building and facility repair and replacement
as
defined
under
by
W.S.
21
‑
15
‑
109(a)(iii)
9
‑
2
‑
3001(b)(ix),
and routine maintenance
and repair
as
defined
under
by
W.S.
21
‑
15
‑
109(a)(vi)
9
‑
2
‑
3001(b)(xii)
;

(v)

"Remedy" or "remediation" means a course of action addressing identified building and facility needs in accordance with statewide adequacy standards developed under this act, consisting of building or facility construction, replacement, renovation,
capital renewal,
repair or any combination thereof;

(x)

"Capital renewal" means as defined by W.S. 9
‑
2
‑
3001(b)(viii) for school buildings and facilities;

(xi)

"Renovation" means as defined by W.S. 9
‑
2
‑
3001(b)(xi) for school buildings and facilities.

21
‑
15
‑
116.

School district facility plans; development, review and approval; plan criteria; administrative review; collaborative committee process.

(a)

In accordance with rules and regulations of the commission, long range comprehensive school building and facility plans for each school district shall be developed by the department in coordination with the applicable district, which address district wide building and facility needs. The facility plan shall identify building and facility needs aligned with the statewide adequacy standards, actions to remediate building and facility needs including
new
construction,
demolition as provided in this subsection,
renovation
, capital renewal
and major building and facility repair and replacement expenditures, and any local enhancements to buildings and facilities beyond statewide adequacy standards. The facility plan shall include a response to each school building and facility need identified on a building
‑
by
‑
building, space
‑
by
‑
space basis. The plan shall also review, and to the extent practical, identify and prioritize nonconstruction alternatives to school building and facility needs such as building closure, modification of school boundaries, modification of school grade configurations and similar approaches. Demolition or use, lease or other methods of disposition of surplus buildings and facilities shall be incorporated as part of the district plan, including the disposition of any existing land owned by the district. The plan shall not include the abandonment or demolition of any school facility or building unless there has first been a public hearing on the issue. The plan shall also specify identified alternative methods of building disposition, proposed allocation of costs incurred or revenues resulting from disposition and allocation of disposition revenues to offset any costs paid by the department. In addition, district facility plans shall include:

(viii)

A plan for addressing school building and facility routine maintenance needs. The routine maintenance plan shall:

(A)

Be designed to eliminate maintenance backlogs, establish proactive maintenance practices and ensure that school buildings and facilities and components, equipment and systems of school buildings and facilities reach their full life expectancy;

(B)

Anticipate the funding of components, equipment and systems of school buildings and facilities that have a life expectancy that is less than the life expectancy of the school building or facility;

(C)

Establish requirements for maintaining routine maintenance records for school buildings and facilities and any components, equipment and systems of school buildings and facilities.

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
‑
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 state budget department and to the select committee on school facilities. 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 prioritized schedules of projects specified in W.S. 21
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15
‑
117 including the amounts allocated to each project and the annual building status report specified under W.S. 21
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15
‑
121. The recommended budget submitted by the commission shall include:

(i)

The estimated costs and proposed funding amounts for all projects determined under W.S. 21
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15
‑
117 and 21
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15
‑
118 and proposed for that budget period, together with estimated expenditures for major building and facility repair and replacement program payments under W.S. 21
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15
‑
109 for the same budget period
. To the extent the amount of payments under W.S. 21
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15
‑
109 for the same budget period are insufficient to repair or

replace a failed component, equipment or system of a school building or facility, the recommended budget may separately identify and request additional amounts necessary to repair or

replace the failed component, equipment or system. Except as otherwise provided by law, any supplemental funding appropriated in response to a budget recommendation submitted under this paragraph shall be conditioned on the school district expending amounts available in the separate account established under W.S. 21
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15
‑
109(e) on major building and facility repair and replacement, provided that a school district shall not be required to expend more than fifty percent (50%) of the projected balance of the separate account after all planned expenses for major building and facility repair are deducted
;

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15
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123.

State construction department; duties and authority relating to school facilities.

(f)

The state construction department shall:

(v)

Enter into or approve
construction or renovation
project agreements with school districts, as appropriate. Each agreement shall:

(E)

Assure the state is not responsible or liable for compliance with
construction or renovation
project schedules or completion dates;

(vi)

Review district proposals for the disposition or demolition of buildings and facilities made surplus by an approved
construction or renovation
project or by changes in school population, including allocation of resulting costs and revenues and report the proposals to the commission. Disposition shall include options for use, lease, sale and any other means of disposing of the surplus building or facility. The costs and revenues incurred by the disposition or demolition of the building or facility shall be accounted for in each district's school facility plan and considered in any building or facility remedy for that district, including the allocation of revenues resulting from the disposition of property rendered surplus to offset property demolition costs. The department shall report this review to the commission. The commission, after receiving a report of the review by the department, shall approve the proposal related to disposition or demolition submitted pursuant to this paragraph unless the commission determines that the proposal does not protect the financial interests of the state or is not otherwise in the public interest. Any revenues resulting from property disposition under this paragraph shall not be considered or counted under W.S. 21
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13
‑
310(a)(xiv) or (xv);

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18
‑
102.

Definitions.

(a)

As used in this act:

(xxiii)

"Capital construction project" or "capital construction" means as defined by W.S. 9
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2
‑
3001(b)(ii);

(xxiv)

"Capital renewal" means as defined by W.S. 9
‑
2
‑
3001(b)(viii);

(xxv)

"Major maintenance" means as defined by W.S. 9
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2
‑
3001(b)(ix);

(xxvi)

"Renovation" means as defined by W.S. 9
‑
2
‑
3001(b)(xi);

(xxiii)
(xxvii)

"This act" means W.S. 21
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18
‑
101 through 21
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18
‑
409.

21
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18
‑
202.

Powers and duties of the commission.

(d)

The commission shall perform the following approval functions:

(v)

Approve
all new capital construction projects
the following expenditures
in excess of two hundred fifty thousand dollars ($250,000.00)
market value
for which state funds are or could be eventually applied
:
. "New capital construction projects" include:

(A)

New
Capital
construction
projects
,
renovation and capital renewal
excluding major maintenance,
in excess of two hundred fifty thousand dollars ($250,000.00) market value
;
which is not necessary maintenance or repair;

(C)

Previously approved and uncompleted
new
capital construction projects
, excluding major maintenance,
which have increased in total cost by ten percent (10%) or more since cost estimates were developed at the time of initial project approval under this paragraph and W.S. 21
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18
‑
205(g).

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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.
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 state budget department.
The state construction department shall submit to the state building commission and the joint appropriations committee a recommendation for funding community college major maintenance each biennium in preparation for the development of the state budget. This recommendation shall be based on a formula adopted by the state building commission pursuant to W.S. 9
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5
‑
107(g) and upon forms and in a format specified by the state budget department. At the end of each fiscal year, the commission shall submit a report to the state construction department on major maintenance expenditures incurred in the immediately preceding fiscal year as required by W.S. 9
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5
‑
107(j) for purposes of W.S. 9
‑
2
‑
3004(c)(xi).
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:

(b)

To carry out this section and in accordance with rules and regulations of the state building commission promulgated under W.S. 9
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5
‑
107(d) and (e) serving as guidelines for implementation and administration of this section, the commission shall establish and maintain:

(v)

Requirements for community colleges to develop and implement routine maintenance schedules for community college buildings and facilities that are designed to eliminate maintenance backlogs, establish proactive maintenance practices and ensure that community college buildings and facilities and any components, equipment and systems of college buildings and facilities reach their full life expectancy;

(vi)

Plan for the funding of components, equipment and systems of college buildings and facilities that have a life expectancy that is less than the life expectancy of the college building or facility;

(vii)

Maintain records of routine maintenance for college buildings and facilities and any components, equipment and systems of college buildings and facilities.

(j)

Subject to amounts made available by legislative appropriation and to any conditions which may be attached to appropriation expenditures, the state construction department shall distribute state funds for
building
capital
construction
projects
approved and authorized by the legislature.

Distributions of state funds for any approved and authorized
capital
construction project shall be in accordance with payment schedules established by rule and regulation of the department.

Payments by the department shall be contingent upon the receipt of any local district funding as may be required by legislative authorization, or upon receipt of other documentation which may be required by the program certifying the timely receipt of required local district funds for the capital construction project. Payments to districts shall also be attached to prescribed phases of the
capital
construction project and the completion of certain project phases. Construction phases for which approval of the program is required shall be specified by the state construction department rule and regulation, clearly prescribing a process for program review and approval of project plans and specifications, project development and project changes and change orders.

In carrying out duties under this subsection, the department may execute powers prescribed under W.S. 9
‑
5
‑
108(a)(iii) in coordination with the state building commission and the appropriate community college district.

No scheduled payment shall be made by the department without compliance with the prescribed process.

(n)

The community college shall be responsible for funding not less than fifty percent (50%) of the construction costs from sources other than state general funds of any renovation constructed on property owned by the community college. For purposes of calculating community college funding responsibilities under this subsection, "construction costs" shall not include amounts appropriated for contingency costs and administrative costs described in subsection (g) of this section.

(o)

Notwithstanding any other provision of law, the proportional cost of major maintenance of any component, equipment or system of a community college building or facility that is attributable to neglected routine maintenance, as determined by the state construction department under W.S. 9
‑
2
‑
3004(c)(xii), shall be entirely borne by the community college.

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18
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319.

Student dormitory capital construction loans; rulemaking; requirements; reporting; definition.

(e)

As used in this section:

(ii)

"Capital construction"
or "construction"
includes new construction,
demolition,
renovation or capital renewal.

Section 3.

W.S. 9
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5
‑
107(h), 21
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15
‑
109(a)(iii)(A) through (C) and 21
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18
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225(b)(iv) are repealed.

Section 4.

(a)

The state construction department, state building commission, community college commission and school facilities commission shall promulgate all rules necessary to implement this act.

(b)

The board of trustees of the University of Wyoming shall promulgate all regulations necessary to implement this act.

Section 5.

(a)

This act shall not apply to the University of Wyoming until January 1, 2028.

(b)

Notwithstanding subsection (a) of this section, this act shall not apply to the University of Wyoming dorm project, law school project, west stands project or aquatics center project.

Section 6.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2024.

(b)

Sections 4 through 6 of this act are 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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HB0075