Wyoming 2025 Regular Session

Wyoming House Bill HB0086 Compare Versions

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1-ORIGINAL HOUSE
2-BILL NO. HB0086
3-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
4-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5-2025 GENERAL SESSION
1+2025
2+STATE OF WYOMING
3+25LSO-0064
4+ENGROSSED
5+1HB0086
6+HOUSE BILL NO. HB0086
7+Public property and buildings-amendments.
8+Sponsored by: Joint Appropriations Committee
9+A BILL
10+for
11+1 AN ACT relating to public property and buildings; amending
12+2 and creating provisions related to budgeting, planning and
13+3 reporting for capital construction projects, major
14+4 maintenance and routine maintenance for public buildings,
15+5 facilities and sites; conforming and repealing definitions;
16+6 amending requirements for contracting for public works;
17+7 specifying duties related to capital construction projects,
18+8 major maintenance and routine maintenance for the state
19+9 construction department, the state building commission, the
20+10 school districts, the board of trustees of the University
21+11 of Wyoming and the community college commission; repealing
22+12 major maintenance funding requirements; requiring reports;
23+13 requiring rulemaking; specifying applicability; and
24+14 providing for effective dates.
25+15
26+16 2025STATE OF WYOMING25LSO-0064
27+ENGROSSED
28+2HB00861
29+2W.S. 21-17-208 is created to read:
30+3
31+4
32+5
33+6
34+7 (a) As used in this section:
35+8
36+9 (i) "Capital construction project" means as
37+10 defined by W.S. 9-2-3001(b)(ii);
38+11
39+12 (ii) "Major maintenance" means as defined by
40+13 W.S. 9-2-3001(b)(ix);
41+14
42+15 (iii) "Property" means as defined by W.S.
43+16 9-2-3001(b)(x);
44+17
45+18 (iv) "Routine maintenance" means as defined by
46+19 W.S. 9-2-3001(b)(xii).
47+20
48+21 (b) As part of its administrative functions, the
49+22 board of trustees shall identify University of Wyoming
50+23 property needs and develop a prioritized list of capital 2025STATE OF WYOMING25LSO-0064
51+ENGROSSED
52+3HB0086
53+1 construction projects. The prioritized capital construction
54+2 projects shall be reported by the board to the state
55+3 construction department not later than June 1 of each year.
56+4 Following review, analysis and study, the state
57+5 construction department shall forward the prioritized list
58+6 of university capital construction projects to the state
59+7 building commission.
60+8
61+9 (c) The state construction department shall submit to
62+10 the state building commission a recommendation for funding
63+11 university major maintenance each biennium in preparation
64+12 for the development of the state budget. This
65+13 recommendation for major maintenance shall be based on a
66+14 formula adopted by the state building commission pursuant
67+15 to W.S. 9-5-107(g) and upon forms and in a format specified
68+16 by the state budget department. At the end of each fiscal
69+17 year, the board of trustees shall submit a report to the
70+18 state construction department on major maintenance
71+19 expenditures and commitments incurred in the immediately
72+20 preceding fiscal year as required by W.S. 9-5-107(j).
73+21
74+22 (d) With respect to University of Wyoming
75+23 property, the board of trustees shall: 2025STATE OF WYOMING25LSO-0064
76+ENGROSSED
77+4HB00861
78+2 (i) Develop and implement schedules for routine
79+3 maintenance that are designed to eliminate maintenance
80+4 backlogs, establish proactive maintenance practices and
81+5 ensure that university property and the components,
82+6 equipment and systems of university property reach their
83+7 full life expectancy;
84+8
85+9 (ii) Plan for the funding of major maintenance
86+10 for the components, equipment and systems of university
87+11 property that have a life expectancy that is less than the
88+12 life expectancy of university property of which the
89+13 component, equipment or system is part;
90+14
91+15 (iii) Maintain records of routine maintenance
92+16 for university property and the components, equipment and
93+17 systems of university property.
94+18
95+19W.S. 9-2-3001(b)(ii) and by creating new
96+20 paragraphs (viii) through (xii), 9-2-3004(c)(i), (vi) and
97+21 by creating new paragraphs (x) through (xii), 9-2-3202(a)
98+22 by creating a new paragraph (xi), 9-4-207(d)(intro) and by
99+23 creating a new paragraph (iv), 9-5-107(d)(intro), (iii), by 2025STATE OF WYOMING25LSO-0064
100+ENGROSSED
101+5HB0086
102+1 creating new paragraphs (v) and (vi), (g)(intro), (i) and
103+2 by creating new subsections (j) through (m),
104+3 16-6-101(a)(v), 16-6-102(a) and by creating a new
105+4 subsection (g), 16-6-401(a)(intro) and (ix),
106+5 16-6-1001(f)(i), 21-15-108(b), 21-15-109(a)(iii)(intro),
107+6 (iv), (vi), (viii) and (e), 21-15-111(a)(iii) through (v)
108+7 and by creating new paragraphs (x) and (xi),
109+8 21-15-116(a)(intro) and (v), 21-15-119(a)(i),
110+9 21-15-123(f)(v)(intro), (E) and (vi), 21-18-102(a) by
111+10 creating new paragraphs (xxiii) through (xxvi) and by
112+11 renumbering (xxiii) as (xxvii), 21-18-202(d)(v)(intro), (A)
113+12 and (C), 21-18-225(a)(intro), (b) by creating new
114+13 paragraphs (v) through (vii), (d)(intro), (e), (g), (h) and
115+14 (j) and 21-18-319(e)(ii) are amended to read:
116+15
117+16
118+17
119+18
120+19 (b) As used in this article:
121+20
122+21 (ii) "Capital construction project" means new
123+22 construction, demolition, renovation,
124+23 of or to 2025STATE OF WYOMING25LSO-0064
125+ENGROSSED
126+6HB0086
6127 1
7-AN ACT relating to public property and buildings; amending
8-and creating provisions related to budgeting, planning and
9-reporting for capital construction projects, major
10-maintenance and routine maintenance for public buildings,
11-facilities and sites; conforming and repealing definitions;
12-amending requirements for contracting for public works;
13-specifying duties related to capital construction projects,
14-major maintenance and routine maintenance for the state
15-construction department, the state building commission, the
16-school districts, the board of trustees of the University
17-of Wyoming and the community college commission; repealing
18-major maintenance funding requirements; requiring reports;
19-requiring rulemaking; specifying applicability; and
20-providing for effective dates.
21-Be It Enacted by the Legislature of the State of Wyoming:
22-Section 1. W.S. 21-17-208 is created to read:
23-21-17-208. University property maintenance and
24-capital construction.
25-(a) As used in this section:
26-(i) "Capital construction project" means as
27-defined by W.S. 9-2-3001(b)(ii);
28-(ii) "Major maintenance" means as defined by
29-W.S. 9-2-3001(b)(ix);
30-(iii) "Property" means as defined by W.S.
31-9-2-3001(b)(x);
32-(iv) "Routine maintenance" means as defined by
33-W.S. 9-2-3001(b)(xii). ORIGINAL HOUSE
34-BILL NO. HB0086
35-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
36-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
37-2025 GENERAL SESSION
38128 2
39-(b)
40-board of trustees shall identify University of Wyoming
41-property needs and develop a prioritized list of capital
42-construction projects. The prioritized capital construction
43-projects shall be reported by the board to the state
44-construction department not later than June 1 of each year.
45-Following review, analysis and study, the state
46-construction department shall forward the prioritized list
47-of university capital construction projects to the state
48-building commission.
49-(c) The state construction department shall submit to
50-the state building commission a recommendation for funding
51-university major maintenance each biennium in preparation
52-for the development of the state budget. This
53-recommendation for major maintenance shall be based on a
54-formula adopted by the state building commission pursuant
55-to W.S. 9-5-107(g) and upon forms and in a format specified
56-by the state budget department. At the end of each fiscal
57-year, the board of trustees shall submit a report to the
58-state construction department on major maintenance
59-expenditures and commitments incurred in the immediately
60-preceding fiscal year as required by W.S. 9-5-107(j).
61-(d) With respect to University of Wyoming
62-property, the board of trustees shall:
63-(i) Develop and implement schedules for routine
64-maintenance that are designed to eliminate maintenance
65-backlogs, establish proactive maintenance practices and
66-ensure that university property and the components,
67-equipment and systems of university property reach their
68-full life expectancy; ORIGINAL HOUSE
69-BILL NO. HB0086
70-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
71-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
72-2025 GENERAL SESSION
73-3(ii) Plan for the funding of major maintenance
74-for the components, equipment and systems of university
75-property that have a life expectancy that is less than the
76-life expectancy of university property of which the
77-component, equipment or system is part;
78-(iii) Maintain records of routine maintenance
79-for university property and the components, equipment and
80-systems of university property.
81-Section 2. W.S. 9-2-3001(b)(ii) and by creating new
82-paragraphs (viii) through (xii), 9-2-3004(c)(i), (vi) and
83-by creating new paragraphs (x) through (xii), 9-2-3202(a)
84-by creating a new paragraph (xi), 9-4-207(d)(intro) and by
85-creating a new paragraph (iv), 9-5-107(d)(intro), (iii), by
86-creating new paragraphs (v) and (vi), (g)(intro), (i) and
87-by creating new subsections (j) through (m),
88-16-6-101(a)(v), 16-6-102(a) and by creating a new
89-subsection (g), 16-6-401(a)(intro) and (ix),
90-16-6-1001(f)(i), 21-15-108(b), 21-15-109(a)(iii)(intro),
91-(iv), (vi), (viii) and (e), 21-15-111(a)(iii) through (v)
92-and by creating new paragraphs (x) and (xi),
93-21-15-116(a)(intro) and (v), 21-15-119(a)(i),
94-21-15-123(f)(v)(intro), (E) and (vi), 21-18-102(a) by
95-creating new paragraphs (xxiii) through (xxvi) and by
96-renumbering (xxiii) as (xxvii), 21-18-202(d)(v)(intro), (A)
97-and (C), 21-18-225(a)(intro), (b) by creating new
98-paragraphs (v) through (vii), (d)(intro), (e), (g), (h) and
99-(j) and 21-18-319(e)(ii) are amended to read:
100-9-2-3001. State construction department created;
101-definitions.
102-(b) As used in this article: ORIGINAL HOUSE
103-BILL NO. HB0086
104-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
105-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
106-2025 GENERAL SESSION
107-4(ii) "Capital construction project" means new
108-construction, demolition, renovation,
109-and major maintenance of or to
110-facility and any other public improvement necessary for the
111-public building or facility, major maintenance as defined
112-in W.S. 16-6-101(a)(v) and major building and facility
113-repair and replacement as defined in W.S. 21-15-109(a)(iii)
114-property;
115-(viii) "Capital renewal" means capital
116-construction infrastructure upgrades and replacement
117-projects to systems external to a building or facility that
118-are necessary for the continued functionality of a building
119-or facility. "Capital renewal" includes projects that do
120-not qualify as new construction and for which the costs
121-exceed amounts typically appropriated or expended on major
122-maintenance for a property such as water projects, sewer
123-projects, electrical projects and other major
124-infrastructure projects external to a building or facility
125-that impact the life, health and safety of occupants in a
126-building or facility;
127-(ix) "Major building and facility repair and
128-replacement" and "major maintenance" mean the repair,
129-replacement or upgrade of complete or major portions of any
130-component, equipment or system of a property at irregular
131-intervals that is required to continue the use of the
132-property at its designed capacity for its designed intended
133-use and is typically accomplished by contractors due to the
134-personnel demand to accomplish the work in a timely manner,
135-the level of sophistication of the work or the need for
136-warranted work. The terms include, but are not limited to,
137-the following categories as hereafter defined: ORIGINAL HOUSE
138-BILL NO. HB0086
139-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
140-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
141-2025 GENERAL SESSION
142-5 (A) "Code compliance" means the repair,
143-replacement or upgrade of a component, equipment or system
144-of a property that is mandated by law, regulation or code
145-to continue the use of the property at its designed
146-capacity for its designed intended use;
147-(B) "Site improvements" means the repair,
148-replacement or upgrade of a component, equipment or system
149-of a site, including the repair, replacement or upgrade of
150-any of the following:
151-(I) Sidewalks;
152-(II) Parking lots;
153-(III) Athletic tracks;
154-(IV) Playground features;
155-(V) Outdoor security features;
156-(VI) Landscaping;
157-(VII) Drainage systems;
158-(VIII) Campus roads or streets;
159-(IX) Components, equipment or systems
160-similar to those specified in subdivisions (I) through
161-(VIII) of this subparagraph.
162-(C) "System improvements" means the repair,
163-replacement or upgrade of a component, equipment or system
164-of a building or facility, including any of the following: ORIGINAL HOUSE
165-BILL NO. HB0086
166-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
167-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
168-2025 GENERAL SESSION
169-6 (I) Structural systems;
170-(II) Fire protection systems;
171-(III) Indoor security features;
172-(IV) Electrical, lighting, plumbing,
173-heating, ventilation or air conditioning systems;
174-(V) Roofs;
175-(VI) Windows and doors;
176-(VII) Conveyance systems, including
177-elevators and escalators;
178-(VIII) Information technology systems;
179-(IX) Components, equipment or systems
180-similar to those specified in subdivisions (I) through
181-(VIII) of this subparagraph.
182-(x) "Property" means a building, facility or
183-site;
184-(xi) "Renovation" means work done to restore
185-property to a condition that is functional for its original
186-or designed intended use and capacity, to modernize or
187-adapt property to an approved new use and capacity or for
188-the purpose of making it code compliant, including
189-architectural and structural changes and the modernization
190-of mechanical and electrical systems. "Renovation" includes
191-the repair, strengthening or restoration of major building
192-systems or structures to a safe condition. "Renovation"
193-does not include work that consists primarily of routine ORIGINAL HOUSE
194-BILL NO. HB0086
195-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
196-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
197-2025 GENERAL SESSION
129+3
130+4
131+5;
132+6
198133 7
199-maintenance, minor repairs and replacement due to normal
200-use, wear and tear or deterioration;
201-
202-(xii) "Routine maintenance" means activities
203-necessary to keep a property and the components, equipment
204-and systems of a property in safe and good working order so
205-that the property may be used at its original or designed
206-capacity for its original or designed intended use.
207-"Routine maintenance" includes custodial, groundskeeping
208-and maintenance tasks done on a routine basis by building
209-personnel and specialized equipment and building system
210-maintenance that is accomplished on a routine basis by
211-contractors.
212-9-2-3004. Duties of the department.
213-(c) The department shall:
214-(i) Review and make recommendations to the
215-governor concerning capital construction
216-acquisition budget requests made by the state building
217-commission, school facilities commission, the University of
218-Wyoming, community college commission and any agency;
219-(vi) Plan for all construction projects
220-in accordance with the provisions of W.S. 9-5-107, 9-5-108
221-and rules, procedures and criteria adopted pursuant to
222-those sections;
223-(x) Not later than September 1 of each odd
224-numbered year, submit to the state building commission a
225-recommendation for funding for the immediately succeeding
226-fiscal biennium for major maintenance for state property,
227-community college property and University of Wyoming
228-property. This recommendation shall be based on the formula ORIGINAL HOUSE
229-BILL NO. HB0086
230-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
231-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
232-2025 GENERAL SESSION
233134 8
234-adopted by the state building commission pursuant to W.S.
235-9-5-107(g);
236-(xi) Review and approve any renovation that
237-changes the intended capacity or designed intended use of a
238-property that receives appropriations for major
239-maintenance;
240-(xii) Develop and maintain a twenty (20) year
241-statewide strategic facility plan and comprehensive system
242-for monitoring and reporting appropriations and
243-expenditures for capital construction projects, major
244-maintenance, and routine maintenance for state property,
245-community college property, school district property and
246-University of Wyoming property.
247-9-2-3202. Definitions; powers generally; duties of
248-governor; provisions construed; cooperation with
249-legislature and judiciary; divisions enumerated.
250-(a) As used in this act:
251-(xi) "Routine maintenance" means as defined by
252-W.S. 9-2-3001(b)(xii).
253-9-4-207. Disposition of unexpended appropriations.
254-(d) Appropriations for the purposes specified in this
255-subsection shall be excluded from reverting pursuant to
256-subsections (a) through (c) of this section.
257-Appropriations do not revert pursuant to this
258-subsection shall be expended only on the projects for which
259-the funds were appropriated
260-(iv) of this subsection. Funds subject to this subsection
261-are appropriations: ORIGINAL HOUSE
262-BILL NO. HB0086
263-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
264-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
265-2025 GENERAL SESSION
266135 9
267-(iv) For major maintenance as defined by W.S.
268-9-2-3001(b)(ix) for state property, community college
269-property and University of Wyoming property. Appropriations
270-subject to this paragraph that do not revert may be
271-expended on any expenses incurred for major maintenance as
272-defined by W.S. 9-2-3001(b)(ix).
273-9-5-107. Duties and responsibilities with respect to
274-state property; state capital construction needs assessment
275-and priorities; neglected routine maintenance; supplemental
276-major maintenance funding.
277-(d) The state building commission shall adopt rules
278-implementing policies for the management of state
279-property. The rules shall establish:
280-(iii) Requirements for
281-implementation of routine maintenance schedules designed to
282-eliminate maintenance backlogs,
283-maintenance practices
284-the components, equipment and systems of state property
285-reach their full life expectancy;
286-(v) Requirements for planning for the funding of
287-major maintenance for the components, equipment and systems
288-of state property that have a life expectancy that is less
289-than the life expectancy of the state property of which the
290-component, equipment or system is part;
291-(vi) Requirements for maintaining records of
292-routine maintenance for state property and the components,
293-equipment and systems of state property. ORIGINAL HOUSE
294-BILL NO. HB0086
295-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
296-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
297-2025 GENERAL SESSION
298-10(g) The state building commission shall adopt a
299-formula for major
300-replacement for community
301-college
302-property. The formula shall:
303-(i) Be based on the gross square footage
304-buildings and facilities
305-categories of buildings
306-college property and University of Wyoming property and
307-shall:
308-(A) nclude
309-only buildings providing education programs comprising the
310-statewide college system strategic plan developed and
311-maintained under W.S. 21-18-202(a)(v);
312-(B) Specifically exclude student housing,
313-student unions and auxiliary services areas funded
314-exclusively through community college
315-generated revenues unless otherwise specified by law.
316-(j) At the end of each fiscal year, the state
317-construction department, any agency responsible for the
318-operation and management of a state property, the community
319-college commission and the University of Wyoming shall
320-report to the state building commission on the expenditures
321-and commitments made from any funds appropriated for major
322-maintenance.
323-(k) To the extent the amount of funds appropriated in
324-any fiscal biennium pursuant to the formula adopted by the
325-state building commission under subsection (g) of this
326-section for major maintenance are insufficient to repair,
327-replace or upgrade a poor component, equipment or system of ORIGINAL HOUSE
328-BILL NO. HB0086
329-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
330-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
331-2025 GENERAL SESSION
136+10
332137 11
333-a property, the state building commission, the community
334-college commission, any agency and the University of
335-Wyoming may separately identify and request in its capital
336-construction budget request submitted to the governor the
337-additional amount necessary for the major maintenance. Any
338-supplemental funding appropriated in response to a budget
339-request submitted under this subsection shall be
340-conditioned on the requesting entity expending all funds
341-appropriated in the fiscal biennium for major maintenance
342-on the poor component, equipment or a system, except as
343-otherwise provided by law.
344-(m) As used in this section:
345-(i) "Major maintenance" means as defined by W.S.
346-9-2-3001(b)(ix);
347-(ii) "Property" means as defined by W.S.
348-9-2-3001(b)(x);
349-(iii) "Routine maintenance" means as defined by
350-W.S. 9-2-3001(b)(xii).
351-16-6-101. Definitions.
352-(a) As used in this act:
353-(v) Major maintenance" means
354-replacement of complete or major portions of building and
355-facility systems at irregular intervals which is required
356-to continue the use of the building or facility at its
357-original capacity for its original intended use and is
358-typically accomplished by contractors due to the personnel
359-demand to accomplish the work in a timely manner, the level ORIGINAL HOUSE
360-BILL NO. HB0086
361-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
362-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
363-2025 GENERAL SESSION
364138 12
365-of sophistication of the work or the need for warranted
366-work ;
367-16-6-102. Resident contractors; preference limitation
368-with reference to lowest bid or qualified response;
369-decertification; denial of application for residency.
370-(a) If a contract is let by a public entity for a
371-public work, the contract shall be let, if advertisement
372-for bids or request for proposal is not required, to a
373-resident of the state, provided that if the services
374-required are not offered by any known resident of the
375-state, the public entity may let the contract to a
376-nonresident. If advertisement for bids is required, the
377-contract shall be let to the responsible certified resident
378-making the lowest bid if the certified resident's bid is
379-not more than five percent (5%) higher than that of the
380-lowest responsible nonresident bidder.
381-(g) Whenever an emergency arises requiring a contract
382-for a public work, a public entity may waive any applicable
383-requirement of this section if the requirement endangers
384-the health, welfare or safety of the public.
385-16-6-401. Definitions.
386-(a) As used in
387-article:
388-(ix) "Renovation" means
389-facility which will affect more than fifty percent (50%) of
390-the gross floor area in the building as defined by W.S.
391-9-2-3001(b)(xi). ORIGINAL HOUSE
392-BILL NO. HB0086
393-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
394-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
395-2025 GENERAL SESSION
396-1316-6-1001. Capital construction projects
397-restrictions; preference requirements; waivers.
398-(f) As used in this section:
399-(i) "Capital construction project" means
400-construction, demolition, renovation and capital renewal of
401-or to any public building or facility and any other public
402-improvement necessary for the public building or facility,
403-major maintenance W.S.
404-major building and facility repair and replacement as
405-defined in W.S. 21-15-109(a)(iii) 9-2-3001(b)(ii)
406-21-15-108. Revenue bonds for grants and loans;
407-refunding revenue bonds.
408-(b) The school facilities commission may borrow money
409-in a principal amount not to exceed one hundred million
410-dollars ($100,000,000.00) by the issuance from time to time
411-of one (1) or more series of revenue bonds. The commission
412-may encumber revenues under subsection (a) of this section
413-for bonds in total amounts not to exceed one hundred
414-million dollars ($100,000,000.00) issued for
415-construction
416-commission and approved by the legislature under W.S.
417-21-15-119. Any bonds issued under this section, together
418-with any interest accruing thereon and any prior redemption
419-premiums due in connection therewith, are payable and
420-collectible solely out of revenues authorized under this
421-section. The bondholders may not look to any general or
422-other fund for payment of the bonds except the revenues
423-pledged therefore. The bonds shall not constitute an
424-indebtedness or a debt within the meaning of any
425-constitutional or statutory provision or limitation. The
426-bonds shall not be considered or held to be general ORIGINAL HOUSE
427-BILL NO. HB0086
428-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
429-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
430-2025 GENERAL SESSION
139+13
431140 14
432-obligations of the state but shall constitute its special
433-obligations and the commission shall not pledge the state's
434-full faith and credit for payment of the bonds.
435-21-15-109. Major building and facility repair and
436-replacement payments; computation; square footage
437-allowance; use of payment funds; accounting and reporting
438-requirements; neglected routine maintenance.
439-(a) As used in this act:
440-(iii) "Major building and facility repair and
441-replacement"
442-major portions of
443-by W.S. 9-2-3001(b)(ix) for school building and facility
444-systems; at irregular intervals which is required to
445-continue the use of the building or facility at its
446-original capacity for its original intended use and is
447-typically accomplished by contractors due to the personnel
448-demand to accomplish the work in a timely manner, the level
449-of sophistication of the work or the need for warranted
450-work. The term includes the following categories as
451-hereafter defined:
452-(iv) "Office building" means a school building
453-or facility primarily used in connection with or for the
454-purpose of district administrative functions, the major
455-purpose or use of which is not dedicated to the provision
456-of educational programs offered by the district in
457-accordance with law;. "Office building" shall include
458-maintenance facilities and storage buildings in which
459-supplies are stored;
460-(vi) "Routine maintenance"
461-activities necessary to keep a school building or facility ORIGINAL HOUSE
462-BILL NO. HB0086
463-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
464-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
465-2025 GENERAL SESSION
466141 15
467-in safe and good working order so that it may be used at
468-its original or designed capacity for its originally
469-intended purposes, including janitorial, grounds keeping
470-and maintenance tasks done on a routine basis and typically
471-accomplished by district personnel with exceptions for any
472-routine tasks accomplished by contractors such as elevator
473-or other specialized equipment or building system
474-maintenance ‑2‑3001(b)(xii) for school
475-buildings and facilities;
476-(viii) "Warehouse building" means a school
477-building or facility primarily used for storage of
478-equipment,
479-supplies, including facilities in which school buses
480-school equipment
481-(e) Amounts distributed under subsection (b) of this
482-section shall be deposited by the recipient district into a
483-separate account, the balance of which may accumulate from
484-year-to-year. Except as specified under subsection (f) of
485-this section, expenditures from the separate account,
486-including any interest earnings on the account, shall be
487-restricted to expenses incurred for major building and
488-facility repair and replacement
489-(a) of this section
490-district's facility plan under W.S. 21-15-116. Account
491-expenditures may include the expenses of district personnel
492-performing work described under paragraph (a)(iii) of this
493-section if approved by the department and if documented
494-within the district's facility plan. The district's
495-facility plan shall clearly specify proposed major
496-maintenance expenditures for addressing district major
497-building and facility repair and replacement needs on a
498-building-by-building basis, updated for the applicable
499-reporting period, which shall be aligned to the statewide ORIGINAL HOUSE
500-BILL NO. HB0086
501-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
502-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
503-2025 GENERAL SESSION
504142 16
505-adequacy standards and prioritized based upon the impact of
506-the building or facility on the district's ability to
507-deliver the required educational program. The district
508-shall include plans for maintaining any district building
509-or facility which is under a lease agreement, specifying
510-lease revenues available to the district for maintenance of
511-facilities to the level required by statewide adequacy
512-standards. No expenditures shall be made from the separate
513-account unless the repair or replacement of the building or
514-facility systems for which the expenditure is to be made is
515-clearly specified within the district's facility plan or
516-otherwise approved by the department. In a manner and form
517-required by commission rule and regulation, each district
518-shall annually report to the department on the expenditures
519-made from the separate account during the applicable
520-reporting period, separating account expenditures on a
521-building-by-building basis. The department shall annually
522-review account expenditures. shall,
523-report expenditures to
524-school district, provide a report to the commission,
525-the select committee on school facilities established under
526-W.S. 28-11-301
527-major maintenance expenditures. The department shall
528-compile reported building-by-building expenditure
529-information for each district and the district facility
530-plan and include this information in its annual report to
531-the select committee pursuant to W.S. 21-15-121. If any
532-district expends funds within the separate account for
533-purposes not authorized by this subsection or by rule and
534-regulation of the commission, the payments for that
535-district shall be reduced by the amount of the unauthorized
536-expenditure in the school year following the year in which
537-the expenditure was discovered or the school year in which
538-notification was provided by the department, whichever
539-first occurs. ORIGINAL HOUSE
540-BILL NO. HB0086
541-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
542-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
543-2025 GENERAL SESSION
544143 17
545-21-15-111. Definitions.
546-(a) As used in this act, unless the context requires
547-otherwise:
548-(iii) "Local enhancements to school buildings
549-and facilities" or "local enhancements" means any
550-renovation, construction, replacement,
551-repair or other improvement of or to any school building or
552-facility initiated by a school district which is designed
553-to bring the building or facility to a condition exceeding
554-the statewide building adequacy standards
555-commission's facility design standards and guidelines;
556-(iv) "Project" means replacement, renovation,
557-capital renewal or new construction projects
558-increase the value of the school building or facility by
559-improving the functioning of the building or facility or
560-the capacity of the building or facility, or both,
561-excluding major building and facility repair and
562-replacement defined W.S.
563-9-2-3001(b)(ix), and routine maintenance
564-defined under by W.S. 21-15-109(a)(vi) 9-2-3001(b)(xii);
565-(v) "Remedy" or "remediation" means a course of
566-action addressing identified building and facility needs in
567-accordance with statewide adequacy standards developed
568-under this act, consisting of building or facility
569-construction, replacement, renovation,
570-repair or any combination thereof;
571-(x) "Capital renewal" means as defined by W.S.
572-9-2-3001(b)(viii) for school buildings and facilities; ORIGINAL HOUSE
573-BILL NO. HB0086
574-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
575-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
576-2025 GENERAL SESSION
577-18(xi) "Renovation" means as defined by W.S.
578-9-2-3001(b)(xi) for school buildings and facilities.
579-21-15-116. School district facility plans;
580-development, review and approval; plan criteria;
581-administrative review; collaborative committee process.
582-(a) In accordance with rules and regulations of the
583-commission, long range comprehensive school building and
584-facility plans for each school district shall be developed
585-by the department in coordination with the applicable
586-district, which address district wide building and facility
587-needs. The facility plan shall identify building and
588-facility needs aligned with the statewide adequacy
589-standards, actions to remediate building and facility needs
590-including construction,
591-subsection, renovation, capital renewal and major building
592-and facility repair and replacement expenditures, and any
593-local enhancements to buildings and facilities beyond
594-statewide adequacy standards. The facility plan shall
595-include a response to each school building and facility
596-need identified on a building-by-building, space-by-space
597-basis. The plan shall also review, and to the extent
598-practical, identify and prioritize nonconstruction
599-alternatives to school building and facility needs such as
600-building closure, modification of school boundaries,
601-modification of school grade configurations and similar
602-approaches. Demolition or use, lease or other methods of
603-disposition of surplus buildings and facilities shall be
604-incorporated as part of the district plan, including the
605-disposition of any existing land owned by the district. The
606-plan shall not include the abandonment or demolition of any
607-school facility or building unless there has first been a
608-public hearing on the issue. The plan shall also specify
609-identified alternative methods of building disposition, ORIGINAL HOUSE
610-BILL NO. HB0086
611-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
612-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
613-2025 GENERAL SESSION
144+18
614145 19
615-proposed allocation of costs incurred or revenues resulting
616-from disposition and allocation of disposition revenues to
617-offset any costs paid by the department. In addition,
618-district facility plans shall include:
619-(v) A plan for addressing district major
620-building and facility repair and replacement needs as
621-required under W.S. 21-15-109(e)
622-needs. The routine and major maintenance plan shall:
623-(A) Be designed to eliminate maintenance
624-backlogs, establish proactive maintenance practices and
625-ensure that school buildings and facilities and components,
626-equipment and systems of school buildings and facilities
627-reach their full life expectancy;
628-(B) Anticipate the funding of major
629-building and facility repair for the components, equipment
630-and systems of school buildings and facilities that have a
631-life expectancy that is less than the life expectancy of
632-the school building or facility of which the component,
633-equipment or system is part;
634-(C) Establish requirements for maintaining
635-routine maintenance records for school buildings and
636-facilities and the components, equipment and systems of
637-school buildings and facilities.
638-21-15-119. Commission budget and funding
639-recommendations.
640-(a) Notwithstanding W.S. 9-2-1012, the commission
641-shall annually, not later than September 1, develop and
642-submit a recommended budget for projects and school capital
643-construction financing to the governor, through the state ORIGINAL HOUSE
644-BILL NO. HB0086
645-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
646-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
647-2025 GENERAL SESSION
648146 20
649-budget department and to the select committee on school
650-facilities. The department shall prepare and provide
651-information as requested by the commission. The commission
652-shall include with its recommended budget to the select
653-committee the prioritized schedules of projects specified
654-in W.S. 21-15-117 including the amounts allocated to each
655-project and the annual building status report specified
656-under W.S. 21-15-121. The recommended budget submitted by
657-the commission shall include:
658-(i) The estimated costs and proposed funding
659-amounts for all projects determined under W.S. 21-15-117
660-and 21-15-118 and proposed for that budget period, together
661-with estimated expenditures for major building and facility
662-repair and replacement program payments under W.S.
663-21-15-109 for the same budget period. To the extent the
664-amount of payments under W.S. 21-15-109 for the same budget
665-period are insufficient to repair, replace or upgrade a
666-poor component, equipment or system of a school building or
667-facility, the recommended budget may separately identify
668-and request additional amounts necessary to repair, replace
669-or upgrade the poor component, equipment or system. Except
670-as otherwise provided by law, any supplemental funding
671-appropriated in response to a budget recommendation
672-submitted under this paragraph shall be conditioned on the
673-school district amounts available in the separate account
674-established under W.S. 21-15-109(e) for major building and
675-facility repair and replacement;
676-21-15-123. State construction department; duties and
677-authority relating to school facilities.
678-(f) The state construction department shall: ORIGINAL HOUSE
679-BILL NO. HB0086
680-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
681-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
682-2025 GENERAL SESSION
683-21(v) Enter into or approve
684-renovation
685-appropriate. Each agreement shall:
686-(E) Assure the state is not responsible or
687-liable for compliance with
688-project schedules or completion dates;
689-(vi) Review district proposals for the
690-disposition or demolition of buildings and facilities made
691-surplus by an approved
692-or by changes in school population, including allocation of
693-resulting costs and revenues and report the proposals to
694-the commission. Disposition shall include options for use,
695-lease, sale and any other means of disposing of the surplus
696-building or facility. The costs and revenues incurred by
697-the disposition or demolition of the building or facility
698-shall be accounted for in each district's school facility
699-plan and considered in any building or facility remedy for
700-that district, including the allocation of revenues
701-resulting from the disposition of property rendered surplus
702-to offset property demolition costs. The department shall
703-report this review to the commission. The commission, after
704-receiving a report of the review by the department, shall
705-approve the proposal related to disposition or demolition
706-submitted pursuant to this paragraph unless the commission
707-determines that the proposal does not protect the financial
708-interests of the state or is not otherwise in the public
709-interest. Any revenues resulting from property disposition
710-under this paragraph shall not be considered or counted
711-under W.S. 21-13-310(a)(xiv) or (xv);
712-21-18-102. Definitions.
713-(a) As used in this act: ORIGINAL HOUSE
714-BILL NO. HB0086
715-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
716-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
717-2025 GENERAL SESSION
147+21
718148 22
719-(xxiii) "Capital construction project" and
720-"capital construction" mean as defined by W.S.
721-9-2-3001(b)(ii);
722-(xxiv) "Capital renewal" means as defined by
723-W.S. 9-2-3001(b)(viii);
724-(xxv) "Major maintenance" means as defined by
725-W.S. 9-2-3001(b)(ix);
726-(xxvi) "Renovation" means as defined by W.S.
727-9-2-3001(b)(xi);
728-(xxiii)(xxvii) "This act" means W.S. 21-18-101
729-through 21-18-409.
730-21-18-202. Powers and duties of the commission.
731-(d) The commission shall perform the following
732-approval functions:
733-(v) Approve
734-projects in excess of two
735-hundred fifty thousand dollars ($250,000.00)
736-for which state funds are or could be eventually applied:.
737-"New capital construction projects" include:
738-(A) construction ,
739-renovation and capital renewal
740-in excess of two hundred fifty thousand dollars
741-($250,000.00) market value; which is not necessary
742-maintenance or repair; ORIGINAL HOUSE
743-BILL NO. HB0086
744-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
745-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
746-2025 GENERAL SESSION
747-23(C) Previously approved and uncompleted
748-capital construction projects, excluding major maintenance,
749-which have increased in total cost by ten percent (10%) or
750-more since cost estimates were developed at the time of
751-initial project approval under this paragraph and W.S.
752-21-18-205(g).
753-21-18-225. College maintenance and capital
754-construction funding.
755-(a) As part of its administrative functions, the
756-community college commission shall identify community
757-college building needs and develop a prioritized list of
758-community college capital construction projects. The
759-prioritized community college capital construction projects
760-shall be reported by the commission to the state
761-construction department in accordance with subsection (g)
762-of this section. Following review, analysis and study, the
763-state construction department shall forward recommendations
764-for community college capital construction projects to the
765-state building commission. The state construction
766-department shall also submit
767-requests for college buildings to the legislature in
768-accordance with this section. Major maintenance budget
769-requests shall be based upon the square footage submitted
770-by the commission under subsection (f) of this section and
771-upon a formula adopted by the state building commission ,
772-and upon forms and in a format specified by the state
773-budget department
774-joint appropriations committee a recommendation for funding
775-community college major maintenance each biennium in
776-preparation for the development of the state budget. This
777-recommendation shall be based on a formula adopted by the
778-state building commission pursuant to W.S. 9-5-107(g) and
779-upon forms and in a format specified by the state budget ORIGINAL HOUSE
780-BILL NO. HB0086
781-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
782-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
783-2025 GENERAL SESSION
784-24
785-department. At the end of each fiscal year, the commission
786-shall submit a report to the state construction department
787-on major maintenance expenditures incurred in the
788-immediately preceding fiscal year as required by W.S.
789-9-5-107(j). College building maintenance budget requests
790-submitted by the state construction department to the
791-legislature and capital construction budget requests
792-forwarded by the state building commission to the
793-legislature shall include only necessary building square
794-footage:
795-(b) To carry out this section and in accordance with
796-rules and regulations of the state building commission
797-promulgated under W.S. 9-5-107(d) and (e) serving as
798-guidelines for implementation and administration of this
799-section, the commission shall establish and maintain:
800-(v) Requirements for community college districts
801-to develop and implement routine maintenance schedules that
802-are designed to eliminate maintenance backlogs, establish
803-proactive maintenance practices and ensure that community
804-college buildings, facilities and sites and the components,
805-equipment and systems of community college buildings,
806-facilities and sites reach their full life expectancy;
807-(vi) Plan for the funding of the major
808-maintenance for the components, equipment and systems of
809-community college buildings, facilities and sites that have
810-a life expectancy that is less than the life expectancy of
811-the building, facility or site of which the component,
812-equipment or system is part;
813-(vii) Maintain records of routine maintenance
814-for community college buildings, facilities and sites and ORIGINAL HOUSE
815-BILL NO. HB0086
816-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
817-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
818-2025 GENERAL SESSION
819-25
820-any components, equipment and systems of community college
821-buildings, facilities and sites.
822-(d) On or before November 1 of each year, the
823-commission shall, based upon the assessment performed under
824-subsection (c) of this section and upon facility plans and
825-annual reports submitted by each college pursuant to W.S.
826-21-18-304(a)(xi), prioritize community college
827-construction needs for the current fiscal year and
828-the succeeding four (4) fiscal years based upon:
829-(e) The commission may modify construction
830-project needs prioritized under subsection (d) of this
831-section in any subsequent fiscal year as necessary to
832-address statewide needs as substantiated by data, condition
833-assessments, needs analysis and other information assembled
834-by the commission under this section. Needs receiving a
835-lower priority than previously assigned may be removed or
836-reprioritized by the commission. onstruction
837-project needs modified under this subsection shall be
838-reported to the state construction department.
839-(g) Upon prioritizing community college
840-construction needs under subsection (d) of this
841-section, the commission shall not later than June 1 of each
842-year, report the prioritized list to the state construction
843-department. In accordance with W.S. 9-5-108(a)(ii), the
844-state construction department shall review, analyze and
845-study construction needs prioritized under subsection (d)
846-of this section and conduct necessary value engineering
847-analysis, schematic design review, safety and security
848-assessments and other analysis and review prior to
849-submission of recommendations to the state building
850-commission. The state building commission shall consider
851-and incorporate prioritized construction ORIGINAL HOUSE
852-BILL NO. HB0086
853-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
854-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
855-2025 GENERAL SESSION
856-26
857-needs recommendations into legislation requesting necessary
858-funding, developed under W.S. 9-5-108(a)(ii)(J), for
859-submission to the legislature for review, authorization and
860-approval. The legislation shall also include a separate
861-appropriation for contingency costs associated with
862-recommended construction projects and a separate
863-appropriation for administrative costs of the state
864-construction department for management of the recommended
865-capital construction projects as required by subsection (j)
866-of this section. The state construction department shall
867-submit a separate budget request for project design and
868-planning funds to be available to assist community colleges
869-with costs incurred in developing and providing necessary
870-plans, designs and other information to the state
871-construction department for purposes of this subsection.
872-This request shall also include funds for major maintenance
873-for the square footage reported by the commission under
874-subsection (f) of this section. The state construction
875-department shall consult with the community college
876-commission in developing recommendations under this
877-subsection.
878-(h) The community college commission shall provide
879-copies of the needs assessment, construction
880-project priorities and major maintenance square footage
881-established under this section to members of the
882-legislature on or before December 1 of each year.
883-(j) Subject to amounts made available by legislative
884-appropriation and to any conditions which may be attached
885-to appropriation expenditures, the state construction
886-department shall distribute state funds for
887-capital construction approved and authorized by
888-the legislature. Distributions of state funds for any
889-approved and authorized construction project shall ORIGINAL HOUSE
890-BILL NO. HB0086
891-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
892-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
893-2025 GENERAL SESSION
894-27
895-be in accordance with payment schedules established by rule
896-and regulation of the department. Payments by the
897-department shall be contingent upon the receipt of any
898-local district funding as may be required by legislative
899-authorization, or upon receipt of other documentation which
900-may be required by the program certifying the timely
901-receipt of required local district funds for the capital
902-construction project. Payments to districts shall also be
903-attached to prescribed phases of the construction
904-project and the completion of certain project phases.
905-Construction phases for which approval of the program is
906-required shall be specified by the state construction
907-department rule and regulation, clearly prescribing a
908-process for program review and approval of project plans
909-and specifications, project development and project changes
910-and change orders. In carrying out duties under this
911-subsection, the department may execute powers prescribed
912-under W.S. 9-5-108(a)(iii) in coordination with the state
913-building commission and the appropriate community college
914-district. No scheduled payment shall be made by the
915-department without compliance with the prescribed process.
916-21-18-319. Student dormitory capital construction
917-loans; rulemaking; requirements; reporting; definition.
918-(e) As used in this section:
919-(ii) "Capital construction"
920-includes new construction, renovation or
921-capital renewal.
922-Section 3. W.S. 9-5-107(h), 21-15-109(a)(iii)(A)
923-through (C) and 21-18-225(b)(iv) are repealed.
924-Section 4. ORIGINAL HOUSE
925-BILL NO. HB0086
926-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
927-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
928-2025 GENERAL SESSION
929-28
930-(a) The state construction department, the state
931-building commission, the community college commission and
932-the school facilities commission shall promulgate all rules
933-necessary to implement this act.
934-(b) Subject to section 5 of this act, the board of
935-trustees of the University of Wyoming shall promulgate all
936-regulations necessary to implement this act.
937-Section 5. This act shall not apply to the University
938-of Wyoming student housing project, law school project, war
939-memorial west stands project or aquatics center project. ORIGINAL HOUSE
940-BILL NO. HB0086
941-ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
942-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
943-2025 GENERAL SESSION
944-29
945-Section 6.
946-(a) Except as provided in subsection (b) of this
947-section, this act is effective July 1, 2025.
948-(b) Sections 4 through 6 of this act are effective
949-immediately upon completion of all acts necessary for a
950-bill to become law as provided by Article 4, Section 8 of
951-the Wyoming Constitution.
952-(END)
953-Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
954-I hereby certify that this act originated in the House.
955-Chief Clerk
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250+4 (c) The department shall:
251+5
252+6 (i) Review and make recommendations to the
253+7 governor concerning capital construction
254+8 budget requests made by the state building
255+9 commission, school facilities commission, the University of
256+10 Wyoming, community college commission and any agency;
257+11
258+12 (vi) Plan for all construction projects
259+13 in accordance with the provisions of W.S. 9-5-107, 9-5-108
260+14 and rules, procedures and criteria adopted pursuant to
261+15 those sections;
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290+20
291+21 (a) As used in this act:
292+22 2025STATE OF WYOMING25LSO-0064
293+ENGROSSED
294+13HB00861
295+2
296+3
297+4
298+5
299+6 (d) Appropriations for the purposes specified in this
300+7 subsection shall be excluded from reverting pursuant to
301+8 subsections (a) through (c) of this section.
302+9 Appropriations do not revert pursuant to this
303+10 subsection shall be expended only on the projects for which
304+11 the funds were appropriated
305+12. Funds subject to this subsection
306+13 are appropriations:
307+14
308+15
309+16
310+17
311+18
312+19
313+20
314+21
315+22
316+23 2025STATE OF WYOMING25LSO-0064
317+ENGROSSED
318+14HB0086
319+1
320+2
321+3
322+4 (d) The state building commission shall adopt rules
323+5 implementing policies for the management of state
324+6. The rules shall establish:
325+7
326+8 (iii) Requirements for
327+9 maintenance schedules designed to
328+10 eliminate maintenance backlogs,
329+11 maintenance practices
330+12
331+13;
332+14
333+15
334+16
335+17
336+18
337+19
338+20
339+21
340+22
341+23 2025STATE OF WYOMING25LSO-0064
342+ENGROSSED
343+15HB0086
344+1
345+2 (g) The state building commission shall adopt a
346+3 formula for major
347+4 community
348+5 college
349+6. The formula shall:
350+7
351+8 (i) Be based on the gross square footage
352+9
353+10 categories of buildings
354+11 and
355+12 shall:
356+13
357+14 (A) For community college property, include
358+15 only buildings providing education programs comprising the
359+16 statewide college system strategic plan developed and
360+17 maintained under W.S. 21-18-202(a)(v);
361+18
362+19 (B) Specifically exclude student housing,
363+20 student unions and auxiliary services areas funded
364+21 exclusively through community college
365+22 generated revenues unless otherwise specified by law.
366+23 2025STATE OF WYOMING25LSO-0064
367+ENGROSSED
368+16HB00861
369+2
370+3
371+4
372+5
373+6
374+7
375+8
376+9
377+10
378+11
379+12
380+13
381+14
382+15
383+16
384+17
385+18
386+19
387+20
388+21
389+22 2025STATE OF WYOMING25LSO-0064
390+ENGROSSED
391+17HB0086
392+1
393+2
394+3
395+4
396+5
397+6
398+7
399+8
400+9
401+10
402+11
403+12
404+13
405+14
406+15
407+16
408+17 (a) As used in this act:
409+18
410+19 (v) "Major maintenance" means
411+20
412+21
413+22
414+23 2025STATE OF WYOMING25LSO-0064
415+ENGROSSED
416+18HB0086
417+1
418+2
419+3
420+4;
421+5
422+6
423+7
424+8
425+9
426+10 (a) If a contract is let by a public entity for a
427+11 public work, the contract shall be let, if advertisement
428+12 for bids or request for proposal is not required, to a
429+13 resident of the state, provided that if the services
430+14
431+15
432+16. If advertisement for bids is required, the
433+17 contract shall be let to the responsible certified resident
434+18 making the lowest bid if the certified resident's bid is
435+19 not more than five percent (5%) higher than that of the
436+20 lowest responsible nonresident bidder.
437+21
438+22
439+23 2025STATE OF WYOMING25LSO-0064
440+ENGROSSED
441+19HB0086
442+1
443+2
444+3
445+4
446+5
447+6 (a) As used in
448+7:
449+8
450+9 (ix) "Renovation" means
451+10
452+11 as defined by W.S.
453+12
454+13
455+14
456+15
457+16
458+17 (f) As used in this section:
459+18
460+19 (i) "Capital construction project" means
461+20
462+21
463+22
464+23 W.S. 2025STATE OF WYOMING25LSO-0064
465+ENGROSSED
466+20HB0086
467+1
468+29-2-3001(b)(ii);
469+3
470+4
471+5
472+6
473+7 (b) The school facilities commission may borrow money
474+8 in a principal amount not to exceed one hundred million
475+9 dollars ($100,000,000.00) by the issuance from time to time
476+10 of one (1) or more series of revenue bonds. The commission
477+11 may encumber revenues under subsection (a) of this section
478+12 for bonds in total amounts not to exceed one hundred
479+13 million dollars ($100,000,000.00) issued for
480+14
481+15 commission and approved by the legislature under W.S.
482+16 21-15-119. Any bonds issued under this section, together
483+17 with any interest accruing thereon and any prior redemption
484+18 premiums due in connection therewith, are payable and
485+19 collectible solely out of revenues authorized under this
486+20 section. The bondholders may not look to any general or
487+21 other fund for payment of the bonds except the revenues
488+22 pledged therefore. The bonds shall not constitute an
489+23 indebtedness or a debt within the meaning of any 2025STATE OF WYOMING25LSO-0064
490+ENGROSSED
491+21HB0086
492+1 constitutional or statutory provision or limitation. The
493+2 bonds shall not be considered or held to be general
494+3 obligations of the state but shall constitute its special
495+4 obligations and the commission shall not pledge the state's
496+5 full faith and credit for payment of the bonds.
497+6
498+7
499+8
500+9
501+10
502+11
503+12 (a) As used in this act:
504+13
505+14 (iii) "Major building and facility repair and
506+15 replacement"
507+16
508+17
509+18 systems; at irregular intervals which is required to
510+19
511+20
512+21
513+22
514+23 2025STATE OF WYOMING25LSO-0064
515+ENGROSSED
516+22HB0086
517+1
518+2
519+3
520+4 (iv) "Office building" means a school building
521+5 or facility primarily used in connection with or for the
522+6 purpose of district administrative functions, the major
523+7 purpose or use of which is not dedicated to the provision
524+8 of educational programs offered by the district in
525+9 accordance with law;. "Office building" shall include
526+10
527+11
528+12
529+13 (vi) "Routine maintenance
530+14
531+15
532+16
533+17
534+18
535+19
536+20
537+21
538+22‑2‑3001(b)(xii) for school
539+23 2025STATE OF WYOMING25LSO-0064
540+ENGROSSED
541+23HB0086
542+1
543+2 (viii) "Warehouse building" means a school
544+3 building or facility primarily used for storage of
545+4
546+5 supplies, including facilities in which school buses
547+6 are stored, maintained or serviced.
548+7
549+8 (e) Amounts distributed under subsection (b) of this
550+9 section shall be deposited by the recipient district into a
551+10 separate account, the balance of which may accumulate from
552+11 year-to-year. Except as specified under subsection (f) of
553+12 this section, expenditures from the separate account,
554+13 including any interest earnings on the account, shall be
555+14 restricted to expenses incurred for major building and
556+15 facility repair and replacement
557+16
558+17 district's facility plan under W.S. 21-15-116. Account
559+18 expenditures may include the expenses of district personnel
560+19 performing work described under paragraph (a)(iii) of this
561+20 section if approved by the department and if documented
562+21 within the district's facility plan. The district's
563+22 facility plan shall clearly specify proposed major
564+23 maintenance expenditures for addressing district major 2025STATE OF WYOMING25LSO-0064
565+ENGROSSED
566+24HB0086
567+1 building and facility repair and replacement needs on a
568+2 building-by-building basis, updated for the applicable
569+3 reporting period, which shall be aligned to the statewide
570+4 adequacy standards and prioritized based upon the impact of
571+5 the building or facility on the district's ability to
572+6 deliver the required educational program. The district
573+7 shall include plans for maintaining any district building
574+8 or facility which is under a lease agreement, specifying
575+9 lease revenues available to the district for maintenance of
576+10 facilities to the level required by statewide adequacy
577+11 standards. No expenditures shall be made from the separate
578+12 account unless the repair or replacement of the building or
579+13 facility systems for which the expenditure is to be made is
580+14 clearly specified within the district's facility plan or
581+15 otherwise approved by the department. In a manner and form
582+16 required by commission rule and regulation, each district
583+17 shall annually report to the department on the expenditures
584+18 made from the separate account during the applicable
585+19 reporting period, separating account expenditures on a
586+20 building-by-building basis. The department shall annually
587+21 review account expenditures. shall,
588+22
589+23 the commission, 2025STATE OF WYOMING25LSO-0064
590+ENGROSSED
591+25HB0086
592+1 the select committee on school facilities established under
593+2 W.S. 28-11-301
594+3. The department shall
595+4 compile reported building-by-building expenditure
596+5 information for each district and the district facility
597+6 plan and include this information in its annual report to
598+7 the select committee pursuant to W.S. 21-15-121. If any
599+8 district expends funds within the separate account for
600+9 purposes not authorized by this subsection or by rule and
601+10 regulation of the commission, the payments for that
602+11 district shall be reduced by the amount of the unauthorized
603+12 expenditure in the school year following the year in which
604+13 the expenditure was discovered or the school year in which
605+14 notification was provided by the department, whichever
606+15 first occurs.
607+16
608+17
609+18
610+19 (a) As used in this act, unless the context requires
611+20 otherwise:
612+21
613+22 (iii) "Local enhancements to school buildings
614+23 and facilities" or "local enhancements" means any 2025STATE OF WYOMING25LSO-0064
615+ENGROSSED
616+26HB0086
617+1 renovation, construction, replacement,
618+2 repair or other improvement of or to any school building or
619+3 facility initiated by a school district which is designed
620+4 to bring the building or facility to a condition exceeding
621+5 the statewide building adequacy standards
622+6;
623+7
624+8 (iv) "Project" means replacement, renovation,
625+9 or new construction projects
626+10 increase the value of the school building or facility by
627+11 improving the functioning of the building or facility or
628+12 the capacity of the building or facility, or both,
629+13 excluding major building and facility repair and
630+14 replacement defined W.S.
631+15 and routine maintenance
632+16 defined under W.S. 21-15-109(a)(vi) 9-2-3001(b)(xii);
633+17
634+18 (v) "Remedy" or "remediation" means a course of
635+19 action addressing identified building and facility needs in
636+20 accordance with statewide adequacy standards developed
637+21 under this act, consisting of building or facility
638+22 construction, replacement, renovation,
639+23 repair or any combination thereof; 2025STATE OF WYOMING25LSO-0064
640+ENGROSSED
641+27HB00861
642+2
643+3
644+4
645+5
646+6
647+7
648+8
649+9
650+10
651+11
652+12 (a) In accordance with rules and regulations of the
653+13 commission, long range comprehensive school building and
654+14 facility plans for each school district shall be developed
655+15 by the department in coordination with the applicable
656+16 district, which address district wide building and facility
657+17 needs. The facility plan shall identify building and
658+18 facility needs aligned with the statewide adequacy
659+19 standards, actions to remediate building and facility needs
660+20 including construction,
661+21 renovation, capital renewal and major building
662+22 and facility repair and replacement expenditures, and any
663+23 local enhancements to buildings and facilities beyond 2025STATE OF WYOMING25LSO-0064
664+ENGROSSED
665+28HB0086
666+1 statewide adequacy standards. The facility plan shall
667+2 include a response to each school building and facility
668+3 need identified on a building-by-building, space-by-space
669+4 basis. The plan shall also review, and to the extent
670+5 practical, identify and prioritize nonconstruction
671+6 alternatives to school building and facility needs such as
672+7 building closure, modification of school boundaries,
673+8 modification of school grade configurations and similar
674+9 approaches. Demolition or use, lease or other methods of
675+10 disposition of surplus buildings and facilities shall be
676+11 incorporated as part of the district plan, including the
677+12 disposition of any existing land owned by the district. The
678+13 plan shall not include the abandonment or demolition of any
679+14 school facility or building unless there has first been a
680+15 public hearing on the issue. The plan shall also specify
681+16 identified alternative methods of building disposition,
682+17 proposed allocation of costs incurred or revenues resulting
683+18 from disposition and allocation of disposition revenues to
684+19 offset any costs paid by the department. In addition,
685+20 district facility plans shall include:
686+21
687+22 (v) A plan for addressing district major
688+23 building and facility repair and replacement needs as 2025STATE OF WYOMING25LSO-0064
689+ENGROSSED
690+29HB0086
691+1 required under W.S. 21-15-109(e)
692+2
693+3
694+4
695+5
696+6
697+7
698+8;
699+9
700+10
701+11
702+12
703+13
704+14
705+15
706+16
707+17
708+18
709+19
710+20
711+21
712+22
713+23 2025STATE OF WYOMING25LSO-0064
714+ENGROSSED
715+30HB00861
716+2 (a) Notwithstanding W.S. 9-2-1012, the commission
717+3 shall annually, not later than September 1, develop and
718+4 submit a recommended budget for projects and school capital
719+5 construction financing to the governor, through the state
720+6 budget department and to the select committee on school
721+7 facilities. The department shall prepare and provide
722+8 information as requested by the commission. The commission
723+9 shall include with its recommended budget to the select
724+10 committee the prioritized schedules of projects specified
725+11 in W.S. 21-15-117 including the amounts allocated to each
726+12 project and the annual building status report specified
727+13 under W.S. 21-15-121. The recommended budget submitted by
728+14 the commission shall include:
729+15
730+16 (i) The estimated costs and proposed funding
731+17 amounts for all projects determined under W.S. 21-15-117
732+18 and 21-15-118 and proposed for that budget period, together
733+19 with estimated expenditures for major building and facility
734+20 repair and replacement program payments under W.S.
735+21 21-15-109 for the same budget period. To the extent the
736+22
737+23 2025STATE OF WYOMING25LSO-0064
738+ENGROSSED
739+31HB0086
740+1
741+2
742+3
743+4
744+5
745+6
746+7
747+8
748+9
749+10;
750+11
751+12
752+13
753+14
754+15 (f) The state construction department shall:
755+16
756+17 (v) Enter into or approve
757+18
758+19 appropriate. Each agreement shall:
759+20
760+21 (E) Assure the state is not responsible or
761+22 liable for compliance with
762+23 project schedules or completion dates; 2025STATE OF WYOMING25LSO-0064
763+ENGROSSED
764+32HB00861
765+2 (vi) Review district proposals for the
766+3 disposition or demolition of buildings and facilities made
767+4 surplus by an approved
768+5 or by changes in school population, including allocation of
769+6 resulting costs and revenues and report the proposals to
770+7 the commission. Disposition shall include options for use,
771+8 lease, sale and any other means of disposing of the surplus
772+9 building or facility. The costs and revenues incurred by
773+10 the disposition or demolition of the building or facility
774+11 shall be accounted for in each district's school facility
775+12 plan and considered in any building or facility remedy for
776+13 that district, including the allocation of revenues
777+14 resulting from the disposition of property rendered surplus
778+15 to offset property demolition costs. The department shall
779+16 report this review to the commission. The commission, after
780+17 receiving a report of the review by the department, shall
781+18 approve the proposal related to disposition or demolition
782+19 submitted pursuant to this paragraph unless the commission
783+20 determines that the proposal does not protect the financial
784+21 interests of the state or is not otherwise in the public
785+22 interest. Any revenues resulting from property disposition 2025STATE OF WYOMING25LSO-0064
786+ENGROSSED
787+33HB0086
788+1 under this paragraph shall not be considered or counted
789+2 under W.S. 21-13-310(a)(xiv) or (xv);
790+3
791+4
792+5
793+6 (a) As used in this act:
794+7
795+8
796+9
797+10
798+11
799+12
800+13
801+14
802+15
803+16
804+17
805+18
806+19
807+20
808+21 (xxvii) "This act" means W.S. 21-18-101
809+22 through 21-18-409.
810+23 2025STATE OF WYOMING25LSO-0064
811+ENGROSSED
812+34HB00861
813+2
814+3 (d) The commission shall perform the following
815+4 approval functions:
816+5
817+6 (v) Approve
818+7
819+8 hundred fifty thousand dollars ($250,000.00)
820+9 for which state funds are or could be eventually applied:
821+10
822+11
823+12 (A) New ,
824+13
825+14 in excess of two hundred fifty thousand dollars
826+15 ($250,000.00) market value; which is not necessary
827+16
828+17
829+18 (C) Previously approved and uncompleted
830+19 capital construction projects, excluding major maintenance,
831+20 which have increased in total cost by ten percent (10%) or
832+21 more since cost estimates were developed at the time of
833+22 initial project approval under this paragraph and W.S.
834+23 21-18-205(g). 2025STATE OF WYOMING25LSO-0064
835+ENGROSSED
836+35HB00861
837+2
838+3
839+4
840+5 (a) As part of its administrative functions, the
841+6 community college commission shall identify community
842+7 college building needs and develop a prioritized list of
843+8 community college capital construction projects. The
844+9 prioritized community college capital construction projects
845+10 shall be reported by the commission to the state
846+11 construction department in accordance with subsection (g)
847+12 of this section. Following review, analysis and study, the
848+13 state construction department shall forward recommendations
849+14 for community college capital construction projects to the
850+15 state building commission. The state construction
851+16 department shall also submit
852+17
853+18
854+19
855+20
856+21
857+22
858+23 2025STATE OF WYOMING25LSO-0064
859+ENGROSSED
860+36HB0086
861+1
862+2
863+3
864+4
865+5
866+6
867+7
868+8
869+9
870+10
871+11. College building maintenance budget requests
872+12 submitted by the state construction department to the
873+13 legislature and capital construction budget requests
874+14 forwarded by the state building commission to the
875+15 legislature shall include only necessary building square
876+16 footage:
877+17
878+18 (b) To carry out this section and in accordance with
879+19 rules and regulations of the state building commission
880+20 promulgated under W.S. 9-5-107(d) and (e) serving as
881+21 guidelines for implementation and administration of this
882+22 section, the commission shall establish and maintain:
883+23 2025STATE OF WYOMING25LSO-0064
884+ENGROSSED
885+37HB00861
886+2
887+3
888+4
889+5
890+6
891+7
892+8
893+9
894+10
895+11
896+12
897+13
898+14
899+15
900+16
901+17
902+18
903+19
904+20
905+21 (d) On or before November 1 of each year, the
906+22 commission shall, based upon the assessment performed under
907+23 subsection (c) of this section and upon facility plans and 2025STATE OF WYOMING25LSO-0064
908+ENGROSSED
909+38HB0086
910+1 annual reports submitted by each college pursuant to W.S.
911+2 21-18-304(a)(xi), prioritize community college
912+3 construction needs for the current fiscal year and
913+4 the succeeding four (4) fiscal years based upon:
914+5
915+6 (e) The commission may modify construction
916+7 needs prioritized under subsection (d) of this
917+8 section in any subsequent fiscal year as necessary to
918+9 address statewide needs as substantiated by data, condition
919+10 assessments, needs analysis and other information assembled
920+11 by the commission under this section. Needs receiving a
921+12 lower priority than previously assigned may be removed or
922+13 reprioritized by the commission. onstruction
923+14 needs modified under this subsection shall be
924+15 reported to the state construction department.
925+16
926+17 (g) Upon prioritizing community college
927+18 construction needs under subsection (d) of this
928+19 section, the commission shall not later than June 1 of each
929+20 year, report the prioritized list to the state construction
930+21 department. In accordance with W.S. 9-5-108(a)(ii), the
931+22 state construction department shall review, analyze and
932+23 study construction needs prioritized under subsection (d) 2025STATE OF WYOMING25LSO-0064
933+ENGROSSED
934+39HB0086
935+1 of this section and conduct necessary value engineering
936+2 analysis, schematic design review, safety and security
937+3 assessments and other analysis and review prior to
938+4 submission of recommendations to the state building
939+5 commission. The state building commission shall consider
940+6 and incorporate prioritized construction
941+7 needs recommendations into legislation requesting necessary
942+8 funding, developed under W.S. 9-5-108(a)(ii)(J), for
943+9 submission to the legislature for review, authorization and
944+10 approval. The legislation shall also include a separate
945+11 appropriation for contingency costs associated with
946+12 recommended construction projects and a separate
947+13 appropriation for administrative costs of the state
948+14 construction department for management of the recommended
949+15 construction projects as required by subsection (j)
950+16 of this section. The state construction department shall
951+17 submit a separate budget request for project design and
952+18 planning funds to be available to assist community colleges
953+19 with costs incurred in developing and providing necessary
954+20 plans, designs and other information to the state
955+21 construction department for purposes of this subsection.
956+22 This request shall also include funds for major maintenance
957+23 for the square footage reported by the commission under 2025STATE OF WYOMING25LSO-0064
958+ENGROSSED
959+40HB0086
960+1 subsection (f) of this section. The state construction
961+2 department shall consult with the community college
962+3 commission in developing recommendations under this
963+4 subsection.
964+5
965+6 (h) The community college commission shall provide
966+7 copies of the needs assessment, construction
967+8 priorities and major maintenance square footage
968+9 established under this section to members of the
969+10 legislature on or before December 1 of each year.
970+11
971+12 (j) Subject to amounts made available by legislative
972+13 appropriation and to any conditions which may be attached
973+14 to appropriation expenditures, the state construction
974+15 department shall distribute state funds for
975+16 construction approved and authorized by
976+17 the legislature. Distributions of state funds for any
977+18 approved and authorized construction project shall
978+19 be in accordance with payment schedules established by rule
979+20 and regulation of the department. Payments by the
980+21 department shall be contingent upon the receipt of any
981+22 local district funding as may be required by legislative
982+23 authorization, or upon receipt of other documentation which 2025STATE OF WYOMING25LSO-0064
983+ENGROSSED
984+41HB0086
985+1 may be required by the program certifying the timely
986+2 receipt of required local district funds for the capital
987+3 construction project. Payments to districts shall also be
988+4 attached to prescribed phases of the construction
989+5 project and the completion of certain project phases.
990+6 Construction phases for which approval of the program is
991+7 required shall be specified by the state construction
992+8 department rule and regulation, clearly prescribing a
993+9 process for program review and approval of project plans
994+10 and specifications, project development and project changes
995+11 and change orders. In carrying out duties under this
996+12 subsection, the department may execute powers prescribed
997+13 under W.S. 9-5-108(a)(iii) in coordination with the state
998+14 building commission and the appropriate community college
999+15 district. No scheduled payment shall be made by the
1000+16 department without compliance with the prescribed process.
1001+17
1002+18
1003+19
1004+20
1005+21 (e) As used in this section:
1006+22 2025STATE OF WYOMING25LSO-0064
1007+ENGROSSED
1008+42HB00861 (ii) "Capital construction"
1009+2 includes new construction, renovation or
1010+3 capital renewal.
1011+4
1012+5W.S. 9-5-107(h), 21-15-109(a)(iii)(A)
1013+6 through (C) and 21-18-225(b)(iv) are repealed.
1014+7
1015+8
1016+9
1017+10 (a) The state construction department, the state
1018+11 building commission, the community college commission and
1019+12 the school facilities commission shall promulgate all rules
1020+13 necessary to implement this act.
1021+14
1022+15 (b) Subject to section 5 of this act, the board of
1023+16 trustees of the University of Wyoming shall promulgate all
1024+17 regulations necessary to implement this act.
1025+18
1026+19
1027+20 of Wyoming student housing project, law school project, war
1028+21 memorial west stands project or aquatics center project. 2025STATE OF WYOMING25LSO-0064
1029+ENGROSSED
1030+43HB00861
1031+2
1032+3
1033+4 (a) Except as provided in subsection (b) of this
1034+5 section, this act is effective July 1, 2025.
1035+6
1036+7 (b) Sections 4 through 6 of this act are effective
1037+8 immediately upon completion of all acts necessary for a
1038+9 bill to become law as provided by Article 4, Section 8 of
1039+10 the Wyoming Constitution.
1040+11
1041+12 (END)