ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to public property and buildings; amending
and creating provisions related to budgeting, planning and
reporting for capital construction projects, major
maintenance and routine maintenance for public buildings,
facilities and sites; conforming and repealing definitions;
amending requirements for contracting for public works;
specifying duties related to capital construction projects,
major maintenance and routine maintenance for the state
construction department, the state building commission, the
school districts, the board of trustees of the University
of Wyoming and the community college commission; repealing
major maintenance funding requirements; requiring reports;
requiring rulemaking; specifying applicability; and
providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 21-17-208 is created to read:
21-17-208. University property maintenance and
capital construction.
(a) As used in this section:
(i) "Capital construction project" means as
defined by W.S. 9-2-3001(b)(ii);
(ii) "Major maintenance" means as defined by
W.S. 9-2-3001(b)(ix);
(iii) "Property" means as defined by W.S.
9-2-3001(b)(x);
(iv) "Routine maintenance" means as defined by
W.S. 9-2-3001(b)(xii). ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
(b)
board of trustees shall identify University of Wyoming
property needs and develop a prioritized list of capital
construction projects. The prioritized capital construction
projects shall be reported by the board to the state
construction department not later than June 1 of each year.
Following review, analysis and study, the state
construction department shall forward the prioritized list
of university capital construction projects to the state
building commission.
(c) The state construction department shall submit to
the state building commission a recommendation for funding
university major maintenance each biennium in preparation
for the development of the state budget. This
recommendation for major maintenance shall be based on a
formula adopted by the state building commission pursuant
to W.S. 9-5-107(g) and upon forms and in a format specified
by the state budget department. At the end of each fiscal
year, the board of trustees shall submit a report to the
state construction department on major maintenance
expenditures and commitments incurred in the immediately
preceding fiscal year as required by W.S. 9-5-107(j).
(d) With respect to University of Wyoming
property, the board of trustees shall:
(i) Develop and implement schedules for routine
maintenance that are designed to eliminate maintenance
backlogs, establish proactive maintenance practices and
ensure that university property and the components,
equipment and systems of university property reach their
full life expectancy; ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3(ii) Plan for the funding of major maintenance
for the components, equipment and systems of university
property that have a life expectancy that is less than the
life expectancy of university property of which the
component, equipment or system is part;
(iii) Maintain records of routine maintenance
for university property and the components, equipment and
systems of university property.
Section 2. W.S. 9-2-3001(b)(ii) and by creating new
paragraphs (viii) through (xii), 9-2-3004(c)(i), (vi) and
by creating new paragraphs (x) through (xii), 9-2-3202(a)
by creating a new paragraph (xi), 9-4-207(d)(intro) and by
creating a new paragraph (iv), 9-5-107(d)(intro), (iii), by
creating new paragraphs (v) and (vi), (g)(intro), (i) and
by creating new subsections (j) through (m),
16-6-101(a)(v), 16-6-102(a) and by creating a new
subsection (g), 16-6-401(a)(intro) and (ix),
16-6-1001(f)(i), 21-15-108(b), 21-15-109(a)(iii)(intro),
(iv), (vi), (viii) and (e), 21-15-111(a)(iii) through (v)
and by creating new paragraphs (x) and (xi),
21-15-116(a)(intro) and (v), 21-15-119(a)(i),
21-15-123(f)(v)(intro), (E) and (vi), 21-18-102(a) by
creating new paragraphs (xxiii) through (xxvi) and by
renumbering (xxiii) as (xxvii), 21-18-202(d)(v)(intro), (A)
and (C), 21-18-225(a)(intro), (b) by creating new
paragraphs (v) through (vii), (d)(intro), (e), (g), (h) and
(j) and 21-18-319(e)(ii) are amended to read:
9-2-3001. State construction department created;
definitions.
(b) As used in this article: ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4(ii) "Capital construction project" means new
construction, demolition, renovation,
and major maintenance of or to
facility and any other public improvement necessary for the
public building or facility, major maintenance as defined
in W.S. 16-6-101(a)(v) and major building and facility
repair and replacement as defined in W.S. 21-15-109(a)(iii)
property;
(viii) "Capital renewal" means capital
construction infrastructure upgrades and replacement
projects to systems external to a building or facility that
are necessary for the continued functionality of a building
or facility. "Capital renewal" includes projects that do
not qualify as new construction and for which the costs
exceed amounts typically appropriated or expended on major
maintenance for a property such as water projects, sewer
projects, electrical projects and other major
infrastructure projects external to a building or facility
that impact the life, health and safety of occupants in a
building or facility;
(ix) "Major building and facility repair and
replacement" and "major maintenance" mean the repair,
replacement or upgrade of complete or major portions of any
component, equipment or system of a property at irregular
intervals that is required to continue the use of the
property at its designed capacity for its designed intended
use and is typically accomplished by contractors due to the
personnel demand to accomplish the work in a timely manner,
the level of sophistication of the work or the need for
warranted work. The terms include, but are not limited to,
the following categories as hereafter defined: ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5 (A) "Code compliance" means the repair,
replacement or upgrade of a component, equipment or system
of a property that is mandated by law, regulation or code
to continue the use of the property at its designed
capacity for its designed intended use;
(B) "Site improvements" means the repair,
replacement or upgrade of a component, equipment or system
of a site, including the repair, replacement or upgrade of
any of the following:
(I) Sidewalks;
(II) Parking lots;
(III) Athletic tracks;
(IV) Playground features;
(V) Outdoor security features;
(VI) Landscaping;
(VII) Drainage systems;
(VIII) Campus roads or streets;
(IX) Components, equipment or systems
similar to those specified in subdivisions (I) through
(VIII) of this subparagraph.
(C) "System improvements" means the repair,
replacement or upgrade of a component, equipment or system
of a building or facility, including any of the following: ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6 (I) Structural systems;
(II) Fire protection systems;
(III) Indoor security features;
(IV) Electrical, lighting, plumbing,
heating, ventilation or air conditioning systems;
(V) Roofs;
(VI) Windows and doors;
(VII) Conveyance systems, including
elevators and escalators;
(VIII) Information technology systems;
(IX) Components, equipment or systems
similar to those specified in subdivisions (I) through
(VIII) of this subparagraph.
(x) "Property" means a building, facility or
site;
(xi) "Renovation" means work done to restore
property to a condition that is functional for its original
or designed intended use and capacity, to modernize or
adapt property to an approved new use and capacity or for
the purpose of making it code compliant, including
architectural and structural changes and the modernization
of mechanical and electrical systems. "Renovation" includes
the repair, strengthening or restoration of major building
systems or structures to a safe condition. "Renovation"
does not include work that consists primarily of routine ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7
maintenance, minor repairs and replacement due to normal
use, wear and tear or deterioration;
(xii) "Routine maintenance" means activities
necessary to keep a property and the components, equipment
and systems of a property in safe and good working order so
that the property may be used at its original or designed
capacity for its original or designed intended use.
"Routine maintenance" includes custodial, groundskeeping
and maintenance tasks done on a routine basis by building
personnel and specialized equipment and building system
maintenance that is accomplished on a routine basis by
contractors.
9-2-3004. Duties of the department.
(c) The department shall:
(i) Review and make recommendations to the
governor concerning capital construction
acquisition budget requests made by the state building
commission, school facilities commission, the University of
Wyoming, community college commission and any agency;
(vi) Plan for all construction projects
in accordance with the provisions of W.S. 9-5-107, 9-5-108
and rules, procedures and criteria adopted pursuant to
those sections;
(x) Not later than September 1 of each odd
numbered year, submit to the state building commission a
recommendation for funding for the immediately succeeding
fiscal biennium for major maintenance for state property,
community college property and University of Wyoming
property. This recommendation shall be based on the formula ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
8
adopted by the state building commission pursuant to W.S.
9-5-107(g);
(xi) Review and approve any renovation that
changes the intended capacity or designed intended use of a
property that receives appropriations for major
maintenance;
(xii) Develop and maintain a twenty (20) year
statewide strategic facility plan and comprehensive system
for monitoring and reporting appropriations and
expenditures for capital construction projects, major
maintenance, and routine maintenance for state property,
community college property, school district property and
University of Wyoming property.
9-2-3202. Definitions; powers generally; duties of
governor; provisions construed; cooperation with
legislature and judiciary; divisions enumerated.
(a) As used in this act:
(xi) "Routine maintenance" means as defined by
W.S. 9-2-3001(b)(xii).
9-4-207. Disposition of unexpended appropriations.
(d) Appropriations for the purposes specified in this
subsection shall be excluded from reverting pursuant to
subsections (a) through (c) of this section.
Appropriations do not revert pursuant to this
subsection shall be expended only on the projects for which
the funds were appropriated
(iv) of this subsection. Funds subject to this subsection
are appropriations: ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
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(iv) For major maintenance as defined by W.S.
9-2-3001(b)(ix) for state property, community college
property and University of Wyoming property. Appropriations
subject to this paragraph that do not revert may be
expended on any expenses incurred for major maintenance as
defined by W.S. 9-2-3001(b)(ix).
9-5-107. Duties and responsibilities with respect to
state property; state capital construction needs assessment
and priorities; neglected routine maintenance; supplemental
major maintenance funding.
(d) The state building commission shall adopt rules
implementing policies for the management of state
property. The rules shall establish:
(iii) Requirements for
implementation of routine maintenance schedules designed to
eliminate maintenance backlogs,
maintenance practices
the components, equipment and systems of state property
reach their full life expectancy;
(v) Requirements for planning for the funding of
major maintenance for the components, equipment and systems
of state property that have a life expectancy that is less
than the life expectancy of the state property of which the
component, equipment or system is part;
(vi) Requirements for maintaining records of
routine maintenance for state property and the components,
equipment and systems of state property. ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
10(g) The state building commission shall adopt a
formula for major
replacement for community
college
property. The formula shall:
(i) Be based on the gross square footage
buildings and facilities
categories of buildings
college property and University of Wyoming property and
shall:
(A) nclude
only buildings providing education programs comprising the
statewide college system strategic plan developed and
maintained under W.S. 21-18-202(a)(v);
(B) Specifically exclude student housing,
student unions and auxiliary services areas funded
exclusively through community college
generated revenues unless otherwise specified by law.
(j) At the end of each fiscal year, the state
construction department, any agency responsible for the
operation and management of a state property, the community
college commission and the University of Wyoming shall
report to the state building commission on the expenditures
and commitments made from any funds appropriated for major
maintenance.
(k) To the extent the amount of funds appropriated in
any fiscal biennium pursuant to the formula adopted by the
state building commission under subsection (g) of this
section for major maintenance are insufficient to repair,
replace or upgrade a poor component, equipment or system of ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
11
a property, the state building commission, the community
college commission, any agency and the University of
Wyoming may separately identify and request in its capital
construction budget request submitted to the governor the
additional amount necessary for the major maintenance. Any
supplemental funding appropriated in response to a budget
request submitted under this subsection shall be
conditioned on the requesting entity expending all funds
appropriated in the fiscal biennium for major maintenance
on the poor component, equipment or a system, except as
otherwise provided by law.
(m) As used in this section:
(i) "Major maintenance" means as defined by W.S.
9-2-3001(b)(ix);
(ii) "Property" means as defined by W.S.
9-2-3001(b)(x);
(iii) "Routine maintenance" means as defined by
W.S. 9-2-3001(b)(xii).
16-6-101. Definitions.
(a) As used in this act:
(v) Major maintenance" means
replacement of complete or major portions of building and
facility systems at irregular intervals which is required
to continue the use of the building or facility at its
original capacity for its original intended use and is
typically accomplished by contractors due to the personnel
demand to accomplish the work in a timely manner, the level ORIGINAL HOUSE
BILL NO. HB0086
ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
12
of sophistication of the work or the need for warranted
work ;
16-6-102. Resident contractors; preference limitation
with reference to lowest bid or qualified response;
decertification; denial of application for residency.
(a) If a contract is let by a public entity for a
public work, the contract shall be let, if advertisement
for bids or request for proposal is not required, to a
resident of the state, provided that if the services
required are not offered by any known resident of the
state, the public entity may let the contract to a
nonresident. If advertisement for bids is required, the
contract shall be let to the responsible certified resident
making the lowest bid if the certified resident's bid is
not more than five percent (5%) higher than that of the
lowest responsible nonresident bidder.
(g) Whenever an emergency arises requiring a contract
for a public work, a public entity may waive any applicable
requirement of this section if the requirement endangers
the health, welfare or safety of the public.
16-6-401. Definitions.
(a) As used in
article:
(ix) "Renovation" means
facility which will affect more than fifty percent (50%) of
the gross floor area in the building as defined by W.S.
9-2-3001(b)(xi). ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1316-6-1001. Capital construction projects
restrictions; preference requirements; waivers.
(f) As used in this section:
(i) "Capital construction project" means
construction, demolition, renovation and capital renewal of
or to any public building or facility and any other public
improvement necessary for the public building or facility,
major maintenance W.S.
major building and facility repair and replacement as
defined in W.S. 21-15-109(a)(iii) 9-2-3001(b)(ii)
21-15-108. Revenue bonds for grants and loans;
refunding revenue bonds.
(b) The school facilities commission may borrow money
in a principal amount not to exceed one hundred million
dollars ($100,000,000.00) by the issuance from time to time
of one (1) or more series of revenue bonds. The commission
may encumber revenues under subsection (a) of this section
for bonds in total amounts not to exceed one hundred
million dollars ($100,000,000.00) issued for
construction
commission and approved by the legislature under W.S.
21-15-119. Any bonds issued under this section, together
with any interest accruing thereon and any prior redemption
premiums due in connection therewith, are payable and
collectible solely out of revenues authorized under this
section. The bondholders may not look to any general or
other fund for payment of the bonds except the revenues
pledged therefore. The bonds shall not constitute an
indebtedness or a debt within the meaning of any
constitutional or statutory provision or limitation. The
bonds shall not be considered or held to be general ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
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2025 GENERAL SESSION
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obligations of the state but shall constitute its special
obligations and the commission shall not pledge the state's
full faith and credit for payment of the bonds.
21-15-109. Major building and facility repair and
replacement payments; computation; square footage
allowance; use of payment funds; accounting and reporting
requirements; neglected routine maintenance.
(a) As used in this act:
(iii) "Major building and facility repair and
replacement"
major portions of
by W.S. 9-2-3001(b)(ix) for school building and facility
systems; at irregular intervals which is required to
continue the use of the building or facility at its
original capacity for its original intended use and is
typically accomplished by contractors due to the personnel
demand to accomplish the work in a timely manner, the level
of sophistication of the work or the need for warranted
work. The term includes the following categories as
hereafter defined:
(iv) "Office building" means a school building
or facility primarily used in connection with or for the
purpose of district administrative functions, the major
purpose or use of which is not dedicated to the provision
of educational programs offered by the district in
accordance with law;. "Office building" shall include
maintenance facilities and storage buildings in which
supplies are stored;
(vi) "Routine maintenance"
activities necessary to keep a school building or facility ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
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in safe and good working order so that it may be used at
its original or designed capacity for its originally
intended purposes, including janitorial, grounds keeping
and maintenance tasks done on a routine basis and typically
accomplished by district personnel with exceptions for any
routine tasks accomplished by contractors such as elevator
or other specialized equipment or building system
maintenance ‑2‑3001(b)(xii) for school
buildings and facilities;
(viii) "Warehouse building" means a school
building or facility primarily used for storage of
equipment,
supplies, including facilities in which school buses
school equipment
(e) Amounts distributed under subsection (b) of this
section shall be deposited by the recipient district into a
separate account, the balance of which may accumulate from
year-to-year. Except as specified under subsection (f) of
this section, expenditures from the separate account,
including any interest earnings on the account, shall be
restricted to expenses incurred for major building and
facility repair and replacement
(a) of this section
district's facility plan under W.S. 21-15-116. Account
expenditures may include the expenses of district personnel
performing work described under paragraph (a)(iii) of this
section if approved by the department and if documented
within the district's facility plan. The district's
facility plan shall clearly specify proposed major
maintenance expenditures for addressing district major
building and facility repair and replacement needs on a
building-by-building basis, updated for the applicable
reporting period, which shall be aligned to the statewide ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
16
adequacy standards and prioritized based upon the impact of
the building or facility on the district's ability to
deliver the required educational program. The district
shall include plans for maintaining any district building
or facility which is under a lease agreement, specifying
lease revenues available to the district for maintenance of
facilities to the level required by statewide adequacy
standards. No expenditures shall be made from the separate
account unless the repair or replacement of the building or
facility systems for which the expenditure is to be made is
clearly specified within the district's facility plan or
otherwise approved by the department. In a manner and form
required by commission rule and regulation, each district
shall annually report to the department on the expenditures
made from the separate account during the applicable
reporting period, separating account expenditures on a
building-by-building basis. The department shall annually
review account expenditures. shall,
report expenditures to
school district, provide a report to the commission,
the select committee on school facilities established under
W.S. 28-11-301
major maintenance expenditures. The department shall
compile reported building-by-building expenditure
information for each district and the district facility
plan and include this information in its annual report to
the select committee pursuant to W.S. 21-15-121. If any
district expends funds within the separate account for
purposes not authorized by this subsection or by rule and
regulation of the commission, the payments for that
district shall be reduced by the amount of the unauthorized
expenditure in the school year following the year in which
the expenditure was discovered or the school year in which
notification was provided by the department, whichever
first occurs. ORIGINAL HOUSE
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2025 GENERAL SESSION
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21-15-111. Definitions.
(a) As used in this act, unless the context requires
otherwise:
(iii) "Local enhancements to school buildings
and facilities" or "local enhancements" means any
renovation, construction, replacement,
repair or other improvement of or to any school building or
facility initiated by a school district which is designed
to bring the building or facility to a condition exceeding
the statewide building adequacy standards
commission's facility design standards and guidelines;
(iv) "Project" means replacement, renovation,
capital renewal or new construction projects
increase the value of the school building or facility by
improving the functioning of the building or facility or
the capacity of the building or facility, or both,
excluding major building and facility repair and
replacement defined W.S.
9-2-3001(b)(ix), and routine maintenance
defined under by W.S. 21-15-109(a)(vi) 9-2-3001(b)(xii);
(v) "Remedy" or "remediation" means a course of
action addressing identified building and facility needs in
accordance with statewide adequacy standards developed
under this act, consisting of building or facility
construction, replacement, renovation,
repair or any combination thereof;
(x) "Capital renewal" means as defined by W.S.
9-2-3001(b)(viii) for school buildings and facilities; ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
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2025 GENERAL SESSION
18(xi) "Renovation" means as defined by W.S.
9-2-3001(b)(xi) for school buildings and facilities.
21-15-116. School district facility plans;
development, review and approval; plan criteria;
administrative review; collaborative committee process.
(a) In accordance with rules and regulations of the
commission, long range comprehensive school building and
facility plans for each school district shall be developed
by the department in coordination with the applicable
district, which address district wide building and facility
needs. The facility plan shall identify building and
facility needs aligned with the statewide adequacy
standards, actions to remediate building and facility needs
including construction,
subsection, renovation, capital renewal and major building
and facility repair and replacement expenditures, and any
local enhancements to buildings and facilities beyond
statewide adequacy standards. The facility plan shall
include a response to each school building and facility
need identified on a building-by-building, space-by-space
basis. The plan shall also review, and to the extent
practical, identify and prioritize nonconstruction
alternatives to school building and facility needs such as
building closure, modification of school boundaries,
modification of school grade configurations and similar
approaches. Demolition or use, lease or other methods of
disposition of surplus buildings and facilities shall be
incorporated as part of the district plan, including the
disposition of any existing land owned by the district. The
plan shall not include the abandonment or demolition of any
school facility or building unless there has first been a
public hearing on the issue. The plan shall also specify
identified alternative methods of building disposition, ORIGINAL HOUSE
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proposed allocation of costs incurred or revenues resulting
from disposition and allocation of disposition revenues to
offset any costs paid by the department. In addition,
district facility plans shall include:
(v) A plan for addressing district major
building and facility repair and replacement needs as
required under W.S. 21-15-109(e)
needs. The routine and major maintenance plan shall:
(A) Be designed to eliminate maintenance
backlogs, establish proactive maintenance practices and
ensure that school buildings and facilities and components,
equipment and systems of school buildings and facilities
reach their full life expectancy;
(B) Anticipate the funding of major
building and facility repair for the components, equipment
and systems of school buildings and facilities that have a
life expectancy that is less than the life expectancy of
the school building or facility of which the component,
equipment or system is part;
(C) Establish requirements for maintaining
routine maintenance records for school buildings and
facilities and the components, equipment and systems of
school buildings and facilities.
21-15-119. Commission budget and funding
recommendations.
(a) Notwithstanding W.S. 9-2-1012, the commission
shall annually, not later than September 1, develop and
submit a recommended budget for projects and school capital
construction financing to the governor, through the state ORIGINAL HOUSE
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2025 GENERAL SESSION
20
budget department and to the select committee on school
facilities. The department shall prepare and provide
information as requested by the commission. The commission
shall include with its recommended budget to the select
committee the prioritized schedules of projects specified
in W.S. 21-15-117 including the amounts allocated to each
project and the annual building status report specified
under W.S. 21-15-121. The recommended budget submitted by
the commission shall include:
(i) The estimated costs and proposed funding
amounts for all projects determined under W.S. 21-15-117
and 21-15-118 and proposed for that budget period, together
with estimated expenditures for major building and facility
repair and replacement program payments under W.S.
21-15-109 for the same budget period. To the extent the
amount of payments under W.S. 21-15-109 for the same budget
period are insufficient to repair, replace or upgrade a
poor component, equipment or system of a school building or
facility, the recommended budget may separately identify
and request additional amounts necessary to repair, replace
or upgrade the poor component, equipment or system. Except
as otherwise provided by law, any supplemental funding
appropriated in response to a budget recommendation
submitted under this paragraph shall be conditioned on the
school district amounts available in the separate account
established under W.S. 21-15-109(e) for major building and
facility repair and replacement;
21-15-123. State construction department; duties and
authority relating to school facilities.
(f) The state construction department shall: ORIGINAL HOUSE
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21(v) Enter into or approve
renovation
appropriate. Each agreement shall:
(E) Assure the state is not responsible or
liable for compliance with
project schedules or completion dates;
(vi) Review district proposals for the
disposition or demolition of buildings and facilities made
surplus by an approved
or by changes in school population, including allocation of
resulting costs and revenues and report the proposals to
the commission. Disposition shall include options for use,
lease, sale and any other means of disposing of the surplus
building or facility. The costs and revenues incurred by
the disposition or demolition of the building or facility
shall be accounted for in each district's school facility
plan and considered in any building or facility remedy for
that district, including the allocation of revenues
resulting from the disposition of property rendered surplus
to offset property demolition costs. The department shall
report this review to the commission. The commission, after
receiving a report of the review by the department, shall
approve the proposal related to disposition or demolition
submitted pursuant to this paragraph unless the commission
determines that the proposal does not protect the financial
interests of the state or is not otherwise in the public
interest. Any revenues resulting from property disposition
under this paragraph shall not be considered or counted
under W.S. 21-13-310(a)(xiv) or (xv);
21-18-102. Definitions.
(a) As used in this act: ORIGINAL HOUSE
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(xxiii) "Capital construction project" and
"capital construction" mean as defined by W.S.
9-2-3001(b)(ii);
(xxiv) "Capital renewal" means as defined by
W.S. 9-2-3001(b)(viii);
(xxv) "Major maintenance" means as defined by
W.S. 9-2-3001(b)(ix);
(xxvi) "Renovation" means as defined by W.S.
9-2-3001(b)(xi);
(xxiii)(xxvii) "This act" means W.S. 21-18-101
through 21-18-409.
21-18-202. Powers and duties of the commission.
(d) The commission shall perform the following
approval functions:
(v) Approve
projects in excess of two
hundred fifty thousand dollars ($250,000.00)
for which state funds are or could be eventually applied:.
"New capital construction projects" include:
(A) construction ,
renovation and capital renewal
in excess of two hundred fifty thousand dollars
($250,000.00) market value; which is not necessary
maintenance or repair; ORIGINAL HOUSE
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ENROLLED ACT NO. 17, HOUSE OF REPRESENTATIVES
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23(C) Previously approved and uncompleted
capital construction projects, excluding major maintenance,
which have increased in total cost by ten percent (10%) or
more since cost estimates were developed at the time of
initial project approval under this paragraph and W.S.
21-18-205(g).
21-18-225. College maintenance and capital
construction funding.
(a) As part of its administrative functions, the
community college commission shall identify community
college building needs and develop a prioritized list of
community college capital construction projects. The
prioritized community college capital construction projects
shall be reported by the commission to the state
construction department in accordance with subsection (g)
of this section. Following review, analysis and study, the
state construction department shall forward recommendations
for community college capital construction projects to the
state building commission. The state construction
department shall also submit
requests for college buildings to the legislature in
accordance with this section. Major maintenance budget
requests shall be based upon the square footage submitted
by the commission under subsection (f) of this section and
upon a formula adopted by the state building commission ,
and upon forms and in a format specified by the state
budget department
joint appropriations committee a recommendation for funding
community college major maintenance each biennium in
preparation for the development of the state budget. This
recommendation shall be based on a formula adopted by the
state building commission pursuant to W.S. 9-5-107(g) and
upon forms and in a format specified by the state budget ORIGINAL HOUSE
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department. At the end of each fiscal year, the commission
shall submit a report to the state construction department
on major maintenance expenditures incurred in the
immediately preceding fiscal year as required by W.S.
9-5-107(j). College building maintenance budget requests
submitted by the state construction department to the
legislature and capital construction budget requests
forwarded by the state building commission to the
legislature shall include only necessary building square
footage:
(b) To carry out this section and in accordance with
rules and regulations of the state building commission
promulgated under W.S. 9-5-107(d) and (e) serving as
guidelines for implementation and administration of this
section, the commission shall establish and maintain:
(v) Requirements for community college districts
to develop and implement routine maintenance schedules that
are designed to eliminate maintenance backlogs, establish
proactive maintenance practices and ensure that community
college buildings, facilities and sites and the components,
equipment and systems of community college buildings,
facilities and sites reach their full life expectancy;
(vi) Plan for the funding of the major
maintenance for the components, equipment and systems of
community college buildings, facilities and sites that have
a life expectancy that is less than the life expectancy of
the building, facility or site of which the component,
equipment or system is part;
(vii) Maintain records of routine maintenance
for community college buildings, facilities and sites and ORIGINAL HOUSE
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any components, equipment and systems of community college
buildings, facilities and sites.
(d) On or before November 1 of each year, the
commission shall, based upon the assessment performed under
subsection (c) of this section and upon facility plans and
annual reports submitted by each college pursuant to W.S.
21-18-304(a)(xi), prioritize community college
construction needs for the current fiscal year and
the succeeding four (4) fiscal years based upon:
(e) The commission may modify construction
project needs prioritized under subsection (d) of this
section in any subsequent fiscal year as necessary to
address statewide needs as substantiated by data, condition
assessments, needs analysis and other information assembled
by the commission under this section. Needs receiving a
lower priority than previously assigned may be removed or
reprioritized by the commission. onstruction
project needs modified under this subsection shall be
reported to the state construction department.
(g) Upon prioritizing community college
construction needs under subsection (d) of this
section, the commission shall not later than June 1 of each
year, report the prioritized list to the state construction
department. In accordance with W.S. 9-5-108(a)(ii), the
state construction department shall review, analyze and
study construction needs prioritized under subsection (d)
of this section and conduct necessary value engineering
analysis, schematic design review, safety and security
assessments and other analysis and review prior to
submission of recommendations to the state building
commission. The state building commission shall consider
and incorporate prioritized construction ORIGINAL HOUSE
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needs recommendations into legislation requesting necessary
funding, developed under W.S. 9-5-108(a)(ii)(J), for
submission to the legislature for review, authorization and
approval. The legislation shall also include a separate
appropriation for contingency costs associated with
recommended construction projects and a separate
appropriation for administrative costs of the state
construction department for management of the recommended
capital construction projects as required by subsection (j)
of this section. The state construction department shall
submit a separate budget request for project design and
planning funds to be available to assist community colleges
with costs incurred in developing and providing necessary
plans, designs and other information to the state
construction department for purposes of this subsection.
This request shall also include funds for major maintenance
for the square footage reported by the commission under
subsection (f) of this section. The state construction
department shall consult with the community college
commission in developing recommendations under this
subsection.
(h) The community college commission shall provide
copies of the needs assessment, construction
project priorities and major maintenance square footage
established under this section to members of the
legislature on or before December 1 of each year.
(j) Subject to amounts made available by legislative
appropriation and to any conditions which may be attached
to appropriation expenditures, the state construction
department shall distribute state funds for
capital construction approved and authorized by
the legislature. Distributions of state funds for any
approved and authorized construction project shall ORIGINAL HOUSE
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be in accordance with payment schedules established by rule
and regulation of the department. Payments by the
department shall be contingent upon the receipt of any
local district funding as may be required by legislative
authorization, or upon receipt of other documentation which
may be required by the program certifying the timely
receipt of required local district funds for the capital
construction project. Payments to districts shall also be
attached to prescribed phases of the construction
project and the completion of certain project phases.
Construction phases for which approval of the program is
required shall be specified by the state construction
department rule and regulation, clearly prescribing a
process for program review and approval of project plans
and specifications, project development and project changes
and change orders. In carrying out duties under this
subsection, the department may execute powers prescribed
under W.S. 9-5-108(a)(iii) in coordination with the state
building commission and the appropriate community college
district. No scheduled payment shall be made by the
department without compliance with the prescribed process.
21-18-319. Student dormitory capital construction
loans; rulemaking; requirements; reporting; definition.
(e) As used in this section:
(ii) "Capital construction"
includes new construction, renovation or
capital renewal.
Section 3. W.S. 9-5-107(h), 21-15-109(a)(iii)(A)
through (C) and 21-18-225(b)(iv) are repealed.
Section 4. ORIGINAL HOUSE
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(a) The state construction department, the state
building commission, the community college commission and
the school facilities commission shall promulgate all rules
necessary to implement this act.
(b) Subject to section 5 of this act, the board of
trustees of the University of Wyoming shall promulgate all
regulations necessary to implement this act.
Section 5. This act shall not apply to the University
of Wyoming student housing project, law school project, war
memorial west stands project or aquatics center project. ORIGINAL HOUSE
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Section 6.
(a) Except as provided in subsection (b) of this
section, this act is effective July 1, 2025.
(b) Sections 4 through 6 of this act are effective
immediately upon completion of all acts necessary for a
bill to become law as provided by Article 4, Section 8 of
the Wyoming Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk