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STATE OF WYOMING
HOUSE BILL NO. HB0075
Public property-amendments.
Sponsored by: Joint Appropriations Committee
A BILL
for
1 AN ACT relating to public property and buildings; amending
2 and creating provisions related to budgeting, expenditure of
3 funds and reporting for capital construction projects, major
4 maintenance and routine maintenance; conforming and repealing
5 definitions; amending requirements for contracting for public
6 works; specifying duties related to capital construction
7 projects, major maintenance and routine maintenance the state
8 construction department, the state building commission,
9 school districts, the board of trustees of the University of
10 Wyoming and the community college commission; repealing major
11 maintenance funding requirements; requiring reports;
12 requiring rulemaking; and providing for effective dates.
13
14 Be It Enacted by the Legislature of the State of Wyoming:
15
16 Section 1. W.S. 21-17-208 is created to read:
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1
2 21-17-208. University maintenance and capital
3 construction.
4
5 (a) As used in this section:
6
7 (i) "Capital construction project" means as
8 defined by W.S. 9-2-3001(b)(ii);
9
10 (ii) "Major maintenance" means as defined by W.S.
11 9-2-3001(b)(ix);
12
13 (iii) "Property" means as defined by W.S.
14 9-2-3001(b)(x);
15
16 (iv) "Routine maintenance" means as defined by
17 W.S. 9-2-3001(b)(xii).
18
19 (b) As part of its administrative functions, the board
20 of trustees shall identify university property needs and
21 develop a prioritized list of capital construction projects.
22 The prioritized capital construction projects shall be
23 reported by the board to the state construction department
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1 not later than June 1 of each year. Following review, analysis
2 and study, the state construction department shall forward
3 recommendations for university capital construction projects
4 to the state building commission. The state construction
5 department shall separately identify and include budget
6 requests for university major maintenance, which shall be
7 submitted to the legislature in accordance with this section.
8 Budget requests for major maintenance shall be based upon the
9 square footage submitted by the university and the formula
10 adopted by the state building commission pursuant to W.S.
11 9-5-107(g) and upon forms and in a format specified by the
12 state budget department.
13
14 (c) With respect to University of Wyoming property the
15 board of trustees shall:
16
17 (i) Develop and implement schedules for routine
18 maintenance that are designed to eliminate maintenance
19 backlogs, establish proactive maintenance practices and
20 ensure that buildings and facilities and components,
21 equipment or systems of buildings and facilities reach their
22 full life expectancy;
23
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1 (ii) Plan for the funding of components, equipment
2 and systems of buildings and facilities that have a life
3 expectancy that is less than the life expectancy of the
4 building or facility;
5
6 (iii) Maintain records of routine maintenance for
7 buildings and facilities and any components, equipment and
8 systems of buildings and facilities.
9
10 (d) Notwithstanding any other provision of law, the
11 proportional cost of major maintenance of any component,
12 equipment or system of a University of Wyoming building or
13 facility that is attributable to neglected routine
14 maintenance, as determined by the state construction
15 department under W.S. 9-2-3004(c)(xi), shall be entirely
16 borne by the university.
17
18 Section 2. W.S. 9-2-3001(b)(ii) and by creating new
19 paragraphs (viii) through (xii), 9-2-3004(c)(i), (vi) and by
20 creating new paragraphs (x) and (xi), 9-2-3202(a) by creating
21 a new paragraph (xi), 9-4-207(d)(intro) and by creating a new
22 paragraph (iv), 9-5-107(d)(iii), by creating new paragraphs
23 (v) and (vi), (g)(intro), (i) and by creating new subsections
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1 (j) through (o), 16-6-101(a)(v), 16-6-102(a),
2 16-6-401(a)(ix), 16-6-1001(f)(i), 21-15-108(b),
3 21-15-109(a)(iii)(intro), (iv), (vi), (viii), (e), (f) and by
4 creating a new subsection (g), 21-15-111(a)(iii) through (v)
5 and by creating new paragraphs (x) and (xi),
6 21-15-116(a)(intro) and by creating a new paragraph (viii),
7 21-15-119(a)(i), 21-15-123(f)(v)(intro), (E) and (vi),
8 21-18-102(a) by creating new paragraphs (xxiii) through
9 (xxvi) and by renumbering (xxiii) as (xxvii),
10 21-18-202(d)(v)(intro), (A) and (C), 21-18-225(a)(intro), (b)
11 by creating new paragraphs (v) through (vii), (j) and by
12 creating new subsections (n) and (o) and 21-18-319(e)(ii) are
13 amended to read:
14
15 9-2-3001. State construction department created;
16 definitions.
17
18 (b) As used in this article:
19
20 (ii) "Capital construction project" means new
21 construction, demolition, renovation, and capital renewal and
22 major maintenance of or to any public building or facility
23 property and any other public improvement, alteration or
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1 enlargement necessary for the public building or facility,
2 major maintenance as defined in W.S. 16-6-101(a)(v) and major
3 building and facility repair and replacement as defined in
4 W.S. 21-15-109(a)(iii) property;
5
6 (viii) "Capital renewal" means capital
7 construction infrastructure upgrades and replacement projects
8 to systems external to a building or facility that are
9 necessary for the continued functionality of a property.
10 "Capital renewal" includes projects that do not qualify as
11 new construction and for which the costs exceed amounts
12 typically appropriated or expended on major maintenance for
13 a property such as water projects, sewer projects, electrical
14 projects and other major external infrastructure projects
15 that impact the life, health and safety of occupants in a
16 building or facility;
17
18 (ix) "Major building and facility repair and
19 replacement" or "major maintenance" means the repair or
20 replacement of complete or major portions of property systems
21 at irregular intervals, which is required to continue the use
22 of the property at its original capacity for its original
23 intended use and is typically accomplished by contractors due
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1 to the personnel demand to accomplish the work in a timely
2 manner, the level of sophistication of the work or the need
3 for warranted work. The term includes, but is not limited to,
4 the following categories as hereafter defined:
5
6 (A) "Code compliance" means system
7 improvements or site improvements that are mandated by law,
8 regulation or code for the continued use of property;
9
10 (B) "Site improvements" means the repair,
11 replacement or upgrade of property components or equipment
12 that are not system improvements, including the repair,
13 replacement or upgrade of any of the following:
14
15 (I) Sidewalks;
16
17 (II) Parking lots;
18
19 (III) Athletic tracks;
20
21 (IV) Playground features;
22
23 (V) Outdoor security features;
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2 (VI) Landscaping;
3
4 (VII) Drainage systems;
5
6 (VIII) Components or equipment similar
7 to those specified in subdivisions (I) through (VII) of this
8 subparagraph.
9
10 (C) "System improvements" means the repair,
11 replacement or upgrade of property components or equipment,
12 including any of the following:
13
14 (I) Structural systems;
15
16 (II) Fire protection systems;
17
18 (III) Indoor security features;
19
20 (IV) Electrical, lighting, plumbing,
21 heating, ventilation or air conditioning systems;
22
23 (V) Roofs;
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2 (VI) Windows and doors;
3
4 (VII) Conveyance systems, including
5 elevators and escalators;
6
7 (VIII) Information technology systems;
8
9 (IX) Components or equipment similar to
10 those specified in subdivisions (I) through (VII) of this
11 subparagraph.
12
13 (x) "Property" means a building, facility or site
14 and any component, equipment or system of a building or
15 facility;
16
17 (xi) "Renovation" means work done to restore
18 property to a condition that is functional for its intended
19 purpose and for the purpose of making it code compliant,
20 including architectural and structural changes and the
21 modernization of mechanical and electrical systems.
22 "Renovation" includes the repair, strengthening or
23 restoration of major building systems or structures to a safe
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1 condition. "Renovation" does not include work that consists
2 primarily of routine maintenance, minor repairs and
3 replacement due to normal use, wear and tear or deterioration;
4
5 (xii) "Routine maintenance" means activities
6 necessary to keep property in safe and good working order so
7 that the property may be used at its original or designed
8 capacity for its originally intended purposes. "Routine
9 maintenance" includes janitorial, groundskeeping and
10 maintenance tasks done on a routine basis by building
11 personnel and specialized equipment and building system
12 maintenance that is accomplished on a routine basis by
13 contractors.
14
15 9-2-3004. Duties of the department.
16
17 (c) The department shall:
18
19 (i) Review and make recommendations to the
20 governor concerning capital construction project and land
21 acquisition budget requests made by the state building
22 commission, school facilities commission, the University of
23 Wyoming, community college commission and any agency;
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2 (vi) Plan for all capital construction projects in
3 accordance with the provisions of W.S. 9-5-107, 9-5-108 and
4 rules, procedures and criteria adopted pursuant to those
5 sections;
6
7 (x) Beginning September 1, 2025 and each odd
8 numbered year thereafter, submit to the state building
9 commission a recommendation for funding for the immediately
10 succeeding fiscal biennium for major maintenance for state
11 property, University of Wyoming property and community
12 college property. This recommendation shall be based on the
13 formula adopted by the state building commission pursuant to
14 W.S. 9-5-107(g);
15
16 (xi) Review major maintenance expenditure
17 requests submitted by state agencies, community colleges and
18 the University of Wyoming. For school districts, the
19 department shall review major maintenance expenditures in
20 accordance with W.S. 21-15-109(e) and (g). For any component,
21 equipment or system of a building or facility that fails to
22 reach its full life expectancy, the department shall request
23 and review the routine maintenance records for the component,
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1 equipment or system. If the department determines routine
2 maintenance was not performed for the component, equipment or
3 system, the department shall identify the component,
4 equipment or system as neglected. The department shall
5 compare the service life of the component, equipment or system
6 at the time of failure to the life expectancy of the
7 component, equipment or system and calculate the proportional
8 cost of the repair or replacement that is attributable to
9 neglected routine maintenance. Subject to review by the state
10 building commission under W.S. 9-5-107(k) and the school
11 facilities commission under W.S. 21-15-116(e), the department
12 shall report all neglected property and the proportional
13 costs attributable to neglected routine maintenance to the
14 respective governing body, which may include the state
15 building commission, the community college commission, the
16 University of Wyoming board of trustees, the school
17 facilities commission and the select committee on school
18 facilities. The department shall submit a compiled report on
19 neglected property to the joint appropriations committee not
20 later than September 1 of each year.
21
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1 9-2-3202. Definitions; powers generally; duties of
2 governor; provisions construed; cooperation with legislature
3 and judiciary; divisions enumerated.
4
5 (a) As used in this act:
6
7 (xi) "Routine maintenance" means as defined by
8 W.S. 9-2-3001(b)(xii).
9
10 9-4-207. Disposition of unexpended appropriations.
11
12 (d) Appropriations for the purposes specified in this
13 subsection shall be excluded from reverting pursuant to
14 subsections (a) through (c) of this section. Appropriations
15 which do not revert pursuant to this subsection shall be
16 expended only on the projects for which the funds were
17 appropriated except as provided pursuant to paragraph (iv) of
18 this subsection. Funds subject to this subsection are
19 appropriations:
20
21 (iv) For major maintenance as defined by W.S.
22 9-2-3001(b)(ix) for state property, University of Wyoming
23 property and community college property. Appropriations
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1 subject to this paragraph that do not revert shall be expended
2 only on expenses incurred for major maintenance as defined by
3 W.S. 9-2-3001(b)(ix).
4
5 9-5-107. Duties and responsibilities with respect to
6 state buildings; state capital construction needs assessment
7 and priorities; neglected routine maintenance; supplemental
8 major maintenance funding.
9
10 (d) The state building commission shall adopt rules
11 implementing policies for the management of state buildings.
12 The rules shall establish:
13
14 (iii) Requirements for planned development and
15 implementation of routine maintenance schedules designed to
16 eliminate maintenance backlogs, and to establish proactive
17 maintenance practices and ensure that state buildings and
18 facilities and components, equipment and systems of state
19 buildings and facilities reach their full life expectancy;
20
21 (v) Requirements for planning for the funding of
22 components, equipment and systems of state buildings and
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