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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Public property and buildings-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
3 of funds, planning and reporting for capital construction
4 projects, major maintenance and routine maintenance for
5 public buildings, facilities and sites; conforming and
6 repealing definitions; amending requirements for
7 contracting for public works; specifying duties related to
8 capital construction projects, major maintenance and
9 routine maintenance for the state construction department,
10 the state building commission, school districts, the board
11 of trustees of the University of Wyoming and the community
12 college commission; repealing major maintenance funding
13 requirements; requiring reports; requiring rulemaking;
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1 specifying applicability; and providing for effective
2 dates.
3
4 Be It Enacted by the Legislature of the State of Wyoming:
5
6 ***********************************************************
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8 STAFF COMMENT
9 This bill is drafted from the JAC's engrossed 2024 House
10 Bill 75. One additional amendment was adopted by the Senate
11 and the changes made by that amendment are shown in
12 highlighted text.
13
14 This bill draft also includes significant definitional and
15 technical changes identified during LSO's internal review.
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17 *******************
18
19 Section 1. W.S. 21-17-208 is created to read:
20
21 21-17-208. University maintenance and capital
22 construction.
23
24 (a) As used in this section:
25
26 (i) "Capital construction project" means as
27 defined by W.S. 9-2-3001(b)(ii);
28
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1 (ii) "Major maintenance" means as defined by
2 W.S. 9-2-3001(b)(ix);
3
4 (iii) "Property" means as defined by W.S.
5 9-2-3001(b)(x);
6
7 (iv) "Routine maintenance" means as defined by
8 W.S. 9-2-3001(b)(xii).
9
10 ***********************************************************
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12 STAFF COMMENT
13 The House Appropriations Committee amendment to 2024 HB 75
14 created a non-codified section specifying that the act
15 shall not apply to the University of Wyoming until January
16 1, 2028. This bill draft also places that delayed effective
17 date within the text of the statutes that will be codified.
18
19 The committee may wish to review whether any of the delayed
20 effective dates should be revised to 2026 or sooner e.g.,
21 to accommodate the preparation of the 2027-2028 budget and
22 ensure major maintenance funding can be appropriated for
23 University property through appropriations acts.
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26
27 (b) Beginning January 1, 2028, as part of its
28 administrative functions, the board of trustees shall
29 identify University of Wyoming property needs and develop a
30 prioritized list of capital construction projects. The
31 prioritized capital construction projects shall be reported
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1 by the board to the state construction department not later
2 than June 1 of each year. Following review, analysis and
3 study, the state construction department shall forward the
4 prioritized list of university capital construction
5 projects to the state building commission.
6
7 (c) Beginning January 1, 2028, the state construction
8 department shall submit to the state building commission a
9 recommendation for funding university major maintenance
10 each biennium in preparation for the development of the
11 state budget. This recommendation for major maintenance
12 shall be based on a formula adopted by the state building
13 commission pursuant to W.S. 9-5-107(g) and upon forms and
14 in a format specified by the state budget department. At
15 the end of each fiscal year, the board of trustees shall
16 submit a report to the state construction department on
17 major maintenance expenditures and commitments incurred in
18 the immediately preceding fiscal year as required by W.S.
19 9-5-107(j) for purposes of W.S. 9-2-3004(c)(xi).
20
21 (d) Beginning January 1, 2028, with respect to
22 University of Wyoming property, the board of trustees
23 shall:
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1
2 (i) Develop and implement schedules for routine
3 maintenance that are designed to eliminate maintenance
4 backlogs, establish proactive maintenance practices and
5 ensure that university property and the components,
6 equipment and systems of university property reach their
7 full life expectancy;
8
9 (ii) Plan for the funding of major maintenance
10 for the components, equipment and systems of university
11 property that have a life expectancy that is less than the
12 life expectancy of university property of which the
13 component, equipment or system is part;
14
15 (iii) Maintain records of routine maintenance
16 for university property and the components, equipment and
17 systems of university property.
18
19 (d) Beginning January 1, 2028, and notwithstanding
20 any other provision of law, the proportional cost of major
21 maintenance of any component, equipment or system of a
22 University of Wyoming building or facility that is
23 attributable to neglected routine maintenance, as
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1 determined by the state construction department under W.S.
2 9-2-3004(c)(xii), shall be borne entirely by the
3 university.
4
5 Section 2. W.S. 9-2-3001(b)(ii) and by creating new
6 paragraphs (viii) through (xii), 9-2-3004(c)(i), (vi) and
7 by creating new paragraphs (x) through (xiv), 9-2-3202(a)
8 by creating a new paragraph (xi), 9-4-207(d)(intro) and by
9 creating a new paragraph (iv), 9-5-107(d)(iii), by creating
10 new paragraphs (v) and (vi), (g)(intro), (i) and by
11 creating new subsections (j) through (o), 16-6-101(a)(v),
12 16-6-102(a) and by creating a new subsection (g),
13 16-6-401(a)(ix), 16-6-1001(f)(i), 21-15-108(b),
14 21-15-109(a)(iii)(intro), (iv), (vi) and (viii), (e), (f)
15 and by creating a new subsection (g), 21-15-111(a)(iii)
16 through (v) and by creating new paragraphs (x) and (xi),
17 21-15-116(a)(intro) and by creating a new paragraph (viii),
18 21-15-119(a)(i), 21-15-123(f)(v)(intro), (E) and (vi),
19 21-18-102(a) by creating new paragraphs (xxiii) through
20 (xxvi) and by renumbering (xxiii) as (xxvii),
21 21-18-202(d)(v)(intro), (A) and (C), 21-18-225(a)(intro),
22 (b) by creating new paragraphs (v) through (vii),
23 (d)(intro) and (e), (g), (h), (j) and by creating new
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1 subsections (n) and (o) and 21-18-319(e)(ii) are amended to
2 read:
3
4 9-2-3001. State construction department created;
5 definitions.
6
7 ***********************************************************
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9 STAFF COMMENT
10 Based on internal LSO review, the definitions in this
11 section and terminology used throughout the bill draft have
12 been revised for consistency. The committee may wish to
13 consider further changes to simplify and distinguish the
14 defined terms.
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17
18 (b) As used in this article:
19
20 (ii) "Capital construction project" means new
21 construction, demolition, renovation, and capital renewal
22 and major maintenance of or to any public building or
23 facility property and any other public improvement,
24 necessary for the public building or facility, major
25 maintenance as defined in W.S. 16-6-101(a)(v) and major
26 building and facility repair and replacement as defined in
27 W.S. 21-15-109(a)(iii) alteration or enlargement of or to
28 property;
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1
2 (viii) "Capital renewal" means capital
3 construction infrastructure upgrades and replacement
4 projects to systems external to a building or facility that
5 are necessary for the continued functionality of a building
6 or facility. "Capital renewal" includes projects that do
7 not qualify as new construction and for which the costs
8 exceed amounts typically appropriated or expended on major
9 maintenance for a property such as water projects, sewer
10 projects, electrical projects and other major
11 infrastructure projects external to a building or facility
12 that impact the life, health and safety of occupants in a
13 building or facility;
14
15 (ix) "Major building and facility repair and
16 replacement" and "major maintenance" mean the repair,
17 replacement or upgrade of complete or major portions of any
18 component, equipment or system of a property at irregular
19 intervals that is required to continue the use of the
20 property at its designed capacity for its designed intended
21 use and is typically accomplished by contractors due to the
22 personnel demand to accomplish the work in a timely manner,
23 the level of sophistication of the work or the need for
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1 warranted work. The terms include, but are not limited to,
2 the following categories as hereafter defined:
3
4 (A) "Code compliance" means the repair,
5 replacement or upgrade of a component, equipment or system
6 of a property that is mandated by law, regulation or code
7 to continue the use of the property at its designed
8 capacity for its designed intended use;
9
10 (B) "Site improvements" means the repair,
11 replacement or upgrade of a component, equipment or system
12 of a site, including the repair, replacement or upgrade of
13 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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1
2 (VI) Landscaping;
3
4 (VII) Drainage systems;
5
6 (VIII) Campus roads or streets;
7
8 (IX) Components, equipment or systems
9 similar to those specified in subdivisions (I) through
10 (VIII) of this subparagraph.
11
12 (C) "System improvements" means the repair,
13 replacement or upgrade of a component, equipment or system
14 of a building or facility, including any of the following:
15
16 (I) Structural systems;
17
18 (II) Fire protection systems;
19
20 (III) Indoor security features;
21
22 (IV) Electrical, lighting, plumbing,
23 heating, ventilation or air conditioning systems;
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1
2 (V) Roofs;
3
4 (VI) Windows and doors;
5
6 (VII) Conveyance systems, including
7 elevators and escalators;
8
9 (VIII) Information technology systems;
10
11 (IX) Components, equipment or systems
12 similar to those specified in subdivisions (I) through
13 (VIII) of this subparagraph.
14
15 (x) "Property" means a building, facility or
16 site;
17
18 (xi) "Renovation" means work done to restore
19 property to a condition that is functional for its original
20 or designed intended use and capacity, to provide for the
21 full modernization or replacement of mechanical and
22 electrical systems, to modernize or adapt property to an
23 approved new use and capacity or for the purpose of making
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1 it code compliant, including architectural and structural
2 changes and the modernization of mechanical and electrical
3 systems. "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 a property and the components, equipment
12 and systems of a property in safe and good working order so
13 that the property may be used at its original or designed
14 capacity for its original or designed intended use.
15 "Routine maintenance"