2024 24LSO-0243
STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Public property-construction, maintenance and contracts.
Sponsored by: Representative(s) HDraft
A BILL
for
1 AN ACT relating to public property; amending and conforming
2 definitions and requirements for capital construction
3 projects, major maintenance and contracts for materials,
4 goods and services; modifying provisions relating to the
5 reversion of appropriated funds; allowing contracts for
6 public works to be let to nonresidents under specified
7 circumstances; requiring reporting; specifying duties of
8 the state construction department, the state building
9 commission, the board of trustees of the University of
10 Wyoming, and the community college commission related to
11 capital construction project and major maintenance funding;
12 providing restrictions on use of appropriations as
13 specified; repealing definitions; repealing requirements
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1 for the phase-in of major maintenance funding as specified;
2 and providing for an effective date.
3
4 Be It Enacted by the Legislature of the State of Wyoming:
5
6 Section 1. W.S. 9-2-3001(b)(ii) and by creating new
7 paragraphs (viii) through (xii), 9-2-3004(c)(i) and (vi)
8 and by creating a new paragraph (x), 9-2-3202(a) by
9 creating a new paragraph (xi), 9-4-207(d)(intro) and by
10 creating a new paragraph (iv), 9-5-107(g)(intro) and (i),
11 16-6-101(a)(v), 16-6-102(a), 16-6-401(a)(ix),
12 16-6-1001(f)(i), 21-15-108(b), 21-15-109(a)(iii)(intro),
13 (iv), (vi), (viii) and (e), 21-15-111(a)(iii) through (v)
14 and by creating new paragraphs (x) and (xi),
15 21-15-116(a)(intro), 21-15-123(f)(v)(intro) and (E) and
16 (iv), 21-17-204 by creating a new subsection (d), 21-18-
17 102(a) by creating new paragraphs (xxiii) through (xxvi)
18 and by renumbering (xxiii) as (xxvii),
19 21-18-202(d)(v)(intro) and (A) and (C),
20 21-18-225(a)(intro), (j), (k) and by creating a new
21 subsection (m) and 21-18-319(e)(ii) are amended to read:
22
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1 9-2-3001. State construction department created;
2 definitions.
3
4 (b) As used in this article:
5
6 (ii) "Capital construction project" means new
7 construction, demolition, renovation, and capital renewal
8 and major maintenance of or to any public building or
9 facility property and any other public improvement,
10 alteration or enlargement necessary for the public building
11 or facility, major maintenance as defined in W.S.
12 16-6-101(a)(v) and major building and facility repair and
13 replacement as defined in W.S. 21-15-109(a)(iii) property;
14
15 (viii) "Capital renewal" means capital
16 construction infrastructure upgrades and replacement
17 projects that are necessary for continued functionality of
18 property. "Capital renewal" does not include new
19 construction;
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21 STAFF COMMENT
22 The definition of major building and facility repair and replacement below is a modified
23 version of W.S. 21-15-109(a)(iii)(B), which contains several items specific to school
24 buildings. You may wish to review if the definition is applicable for all types of public
25 buildings.
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1
2 (ix) "Major building and facility repair and
3 replacement" or "major maintenance" means the repair or
4 replacement of complete or major portions of property
5 systems at irregular intervals, which is required to
6 continue the use of the property at its original capacity
7 for its original intended use and is typically accomplished
8 by contractors due to the personnel demand to accomplish
9 the work in a timely manner, the level of sophistication of
10 the work or the need for warranted work. The term includes
11 the following categories as hereafter defined:
12
13 (A) "Code compliance" means system
14 improvements or site improvements that are mandated by law,
15 regulation or code for the continued use of property;
16
17 (B) "Site improvements" means the repair,
18 replacement or upgrade of property components or equipment
19 that are not system improvements, including the repair,
20 replacement or upgrade of any of the following:
21
22 (I) Sidewalks;
23
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1 (II) Parking lots;
2
3 (III) Athletic tracks;
4
5 (IV) Playground features;
6
7 (V) Outdoor security features;
8
9 (VI) Landscaping;
10
11 (VII) Drainage systems;
12
13 (VIII) Components or equipment similar
14 to those specified in subdivisions (I) through (VII) of
15 this subparagraph.
16
17 (C) "System improvements" means the repair,
18 replacement or upgrade of property components or equipment,
19 including any of the following:
20
21 (I) Structural systems;
22
23 (II) Fire protection systems;
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1
2 (III) Indoor security features;
3
4 (IV) Electrical, plumbing, heating,
5 ventilation or air conditioning systems;
6
7 (V) Roofs;
8
9 (VI) Windows;
10
11 (VII) Information technology systems;
12
13 (VIII) Components or equipment similar
14 to those specified in subdivisions (I) through (VII) of
15 this subparagraph.
16
17 (x) "Property" means a building, facility or site
18 and any component, equipment or system of a building or
19 facility;
20
21 (xi) "Renovation" means work done to restore
22 property to a condition that is functional for its intended
23 purpose and for the purpose of making it code compliant,
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1 including architectural and structural changes and the
2 modernization of mechanical and electrical systems.
3 "Renovation" includes the repair, strengthening or
4 restoration of major building systems or structures to a
5 safe condition. "Renovation" does not include work that
6 consists primarily of routine maintenance, minor repairs
7 and replacement due to normal use, wear and tear or
8 deterioration.
9
10 (xii) "Routine maintenance" means activities
11 necessary to keep property in safe and good working order
12 so that the property may be used at its original or
13 designed capacity for its originally intended purposes.
14 "Routine maintenance" includes janitorial, groundskeeping
15 and maintenance tasks done on a routine basis by building
16 personnel and specialized equipment and building system
17 maintenance that is accomplished on a routine basis by
18 contractors.
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20 STAFF COMMENT
21
22 The definition of routine maintenance is based on W.S. 21-15-109(a)(vi) and is modified
23 for clarity. The original definition reads:
24
25 (vi) "Routine maintenance and repair" means
26 activities necessary to keep a school building or
27 facility in safe and good working order so that
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1 it may be used at its original or designed
2 capacity for its originally intended purposes,
3 including janitorial, grounds keeping and
4 maintenance tasks done on a routine basis and
5 typically accomplished by district personnel with
6 exceptions for any routine tasks accomplished by
7 contractors such as elevator or other specialized
8 equipment or building system maintenance;
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10 9-2-3004. Duties of the department.
11
12 (c) The department shall:
13
14 (i) Review and make recommendations to the
15 governor concerning capital construction project and land
16 acquisition budget requests made by the state building
17 commission, school facilities commission, the University of
18 Wyoming, community college commission and any agency;
19
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21 STAFF COMMENT
22 Because "capital construction project" is specifically defined in this act and does not
23 include land acquisition, paragraph (i) above adds "land acquisition" to the budget
24 requests reviewed by the State Construction Department.
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26
27 (vi) Plan for all capital construction projects
28 in accordance with the provisions of W.S. 9-5-107, 9-5-108
29 and rules, procedures and criteria adopted pursuant to
30 those sections;
31
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1 (x) Beginning September 1, 2025 and each odd
2 numbered year thereafter, submit to the state building
3 commission a recommendation for funding for the immediately
4 succeeding fiscal biennium for major maintenance for state
5 property, University of Wyoming property and community
6 college property. This recommendation shall be based on the
7 formula adopted by the state building commission pursuant
8 to W.S. 9-5-107(g).
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10 STAFF COMMENT
11
12 For your reference paragraph (x) above is based on the budget bill, 2022 Wyo. Sess.
13 Laws, ch., 51, Section 308(c), copied below:
14
15 (c) Not later than September 1, 2023, the
16 state construction department shall submit to the
17 state building commission a recommendation for
18 funding for the biennium beginning July 1, 2024,
19 for major building and facility repair and
20 replacement for state institutions, for
21 University of Wyoming facilities and for
22 community college facilities. This recommendation
23 for all facilities shall be based on a formula
24 adopted by the state building commission pursuant
25 to W.S. 9-5-107(g), except that the formula shall
26 incorporate the gross square footage of buildings
27 and facilities for each category of buildings for
28 state facilities, university facilities and
29 community college facilities, not to exceed seven
30 (7) building categories for each entity,
31 excluding student housing, the student union and
32 auxiliary services areas funded exclusively
33 through university or community college generated
34 revenues unless otherwise specified.
35
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1
2 9-2-3202. Definitions; powers generally; duties of
3 governor; provisions construed; cooperation with
4 legislature and judiciary; divisions enumerated.
5
6 (a) As used in this act:
7
8 (xi) "Routine maintenance" means as defined by
9 W.S. 9-2-3001(b)(xii).
10
11 9-4-207. Disposition of unexpended appropriations.
12
13 (d) Appropriations for the purposes specified in this
14 subsection shall be excluded from reverting pursuant to
15 subsections (a) through (c) of this section.
16 Appropriations which do not revert pursuant to this
17 subsection shall be expended only on the projects for which
18 the funds were appropriated except as provided pursuant to
19 paragraph (iv) of this subsection. Funds subject to this
20 subsection are appropriations:
21
22 (iv) For major maintenance as defined by W.S. 9-
23 2-3001(b)(ix) for state property, University of Wyoming
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1 property and community college property. Appropriations
2 subject to this paragraph that do not revert shall be
3 expended only on expenses incurred for major maintenance as
4 defined by W.S. 9-2-3001(b)(ix).
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6 STAFF COMMENT
7
8 For your reference paragraph (iv) above is based on the budget bill, 2022 Wyo. Sess.
9 Laws, ch., 51, Section 308(b), copied below:
10 (b) Notwithstanding W.S. 9-2-1008, 9-2-
11 1012(e) and 9-4-207, appropriations made under
12 subsection (a) of this section shall be
13 separately accounted for by the recipient and
14 shall not revert. Expenditures from these
15 appropriations shall be restricted to expenses
16 incurred for major building and facility repair
17 and replacement as defined in W.S. 9-5-107(h) and
18 as prescribed by rule and regulation of the state
19 building commission.
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21
22 9-5-107. Duties and responsibilities with respect to
23 state buildings; state capital construction needs
24 assessment and priorities; major mainte