§ 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 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;
(ii) Financing alternatives for funding the
recommended budget, which uses any combination of the following
financing alternatives:
(A) Direct payment from the public school
foundation program account;
(B) Proceeds from state revenue bonds issued
under W.S. 21-15-108;
(C) Real property leasing under W.S. 21-15-112.
Any payments for real property leasing shall be made from the
public school foundation program account subject to W.S. 21-15-
112. For the purpose of this section, real property leasing
includes payments sufficient for the exercise of a purchase
option under the lease.
(iii) In odd-numbered years, the commission's
recommendation on September 1 shall be for expenditures during
the two (2) succeeding fiscal years. The recommendation for the
second year shall be based on estimates of expenditures and
payments. In even-numbered years, the commission's
recommendation on September 1 shall be for expenditures during
the succeeding fiscal year. As it determines to be necessary in
any year, the commission's recommendation on September 1 may
contain a recommendation for revised expenditures during the
current fiscal year.
(b) The department may enter into agreements under which
the department may make payments on behalf of a school district
with respect to the district's lease of school facilities under
W.S. 21-15-112. The department may also enter into any agreement
with a nonprofit corporation or other entity necessary to ensure
that a district can lease facilities under W.S. 21-15-112.
(c) Budgets submitted by the commission under subsection
(a) of this section shall be attached to specified projects for
the applicable budget period and shall separately identify
amounts for design phase projects and construction phase
projects. With the approval of the governor, the department may
transfer up to fifteen percent (15%) of the total funds
appropriated between project phases. Any modification of
expenditures between project phases shall be reported to the
select committee in accordance with W.S. 28-11-301(c)(iv).
Additionally, the commission may for any budget period specify
amounts within its budget which are recommended to cover
inflation, unanticipated costs, off-site infrastructure costs
and other such contingency or special project costs provided the
additional costs are reported and approved in accordance with
W.S. 28-11-301(c)(iv). Nothing in this subsection shall prohibit
the legislature from making one (1) appropriation for both the
design and construction phases for a project.
(d) Amounts appropriated by the legislature shall not be
construed to be an entitlement or guaranteed amount and shall be
expended by the department in accordance with facility design
standards and guidelines to ensure adequate, efficient and cost
effective school buildings and facilities as required by W.S.
21-15-114(a)(vii). The commission shall adopt facility design
standards and guidelines that are sufficiently specific to
ensure that all projects constructed using state funds,
excluding major building and facility repair and replacement
projects, are subject to value engineering and are reasonably
uniform across the state. In establishing the facility design
standards and guidelines, the commission shall incorporate
reasonable input and participation for conforming an aesthetic
design within the community.