§ 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

(a) The state construction department shall, subject to
the direction of the state building commission and with the
assistance of other state agencies as necessary, conduct and
maintain a comprehensive needs assessment of existing state
buildings and of future space requirements for state agencies.
The assessment shall be conducted in accordance with rules of
the state building commission adopted pursuant to subsection (d)
of this section and be designed to provide uniform statewide
data describing the condition of state buildings and projecting
building longevity and space requirements. Through the
identification of building conditions and needs, the assessment
shall enable the evaluation of capital construction and
renovation requirements for all state buildings. The needs
assessment shall be revised annually on or before October 1 of
each year. The needs assessment shall specify construction and
renovation requirements for the remainder of the current fiscal
year and the succeeding four (4) fiscal years.
(b) On or before November 1 of each year and based upon
the statewide needs assessment of state buildings performed
under subsection (a) of this section, the state building
commission shall establish and prioritize construction and
renovation needs for state buildings. The listing shall
specifically identify and prioritize those buildings in need of
building construction or renovation and the estimated costs of
required construction or renovation during the current fiscal
year and during the succeeding four (4) fiscal years.
(c) On or before December 1 of each year, the commission
shall provide copies of the needs assessment and statewide
construction and renovation priorities established under this
section to members of the legislature.
(d) The state building commission shall adopt rules
implementing policies for the management of state property. The
rules shall establish:
(i) Uniform standards and procedures for condition
assessments of state buildings;
(ii) Criteria to guide prioritization of construction
and renovation needs of state buildings;
(iii) Requirements for development and implementation
of routine maintenance schedules designed to eliminate
maintenance backlogs, establish proactive maintenance practices
and ensure that state property and the components, equipment and
systems of state property reach their full life expectancy;
(iv) Uniform standards for assessing and approving
agency building and other space needs;
(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.
(e) Rules and procedures adopted under this section by the
state building commission shall be applicable to all state owned
buildings unless the operation, management and use of the
building has been assigned by statute to a specific state
agency. The agency responsible for the operation and management
of a state building exempted by the provisions of this
subsection, shall provide the assessment required by subsections
(a) through (c) of this section to the state building commission
for inclusion in the commission's report to the legislature.
The rules adopted by the commission under subsection (d) of this
section shall be used as guidelines for the management of state
buildings assigned by statute to other state agencies including
the University of Wyoming, community college districts,
department of transportation, game and fish commission and state
institutions.
(f) The state building commission shall meet at least
quarterly and shall promulgate rules specifying procedures under
which public comment may be received regarding any actions of
the commission, excluding promulgation of rules to which the
Wyoming Administrative Procedure Act is applicable.
(g) The state building commission shall adopt a formula
for major maintenance for state property, community college
property and University of Wyoming property. The formula shall:
(i) Be based on the gross square footage for not more
than seven (7) categories of buildings each for state property,
community college property and University of Wyoming property
and shall:
(A) For community college property, include 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 university or community college generated revenues
unless otherwise specified by law.
(ii) Use a multiplier to maintain facilities in at
least fair condition based on criteria from organizations with
expertise in the area of major maintenance funding;
(iii) Otherwise be computed in the same manner as for
major maintenance for school facilities under W.S. 21-15-109,
including using the most current edition of the R.S. Means
construction cost index, as modified to reflect current Wyoming
construction costs determined by the department of
administration and information, division of economic analysis,
to calculate replacement cost.
(h) Repealed by Laws 2025, ch. 12, § 3.
(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 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).